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You can register the designs of your new products, their
ornamentation, packaging, get-up, graphics and typefaces to
protect the appearance of these against unauthorised use.
Costs are low and protection quick once drawings or photographs
are available, as little as £440 for the UK, or approx.
£825 to cover the European Union. There
is a one-year grace period to allow market testing
before applying for design registration. However this
does not apply in most countries outside the EU. Nor
does it apply in most countries (including those in the EU)
for other intellectual property rights such as patents.
The golden rule is still therefore file first, talk/show
to others later. Phillips & Leigh are able
to file the following registered design applications for you:
UK These are filed at
the UK Designs Registry, part of the UK Patent Office. We
need to prepare (or obtain from you) drawings or photographs
in the required form, showing the significant views of your
design. We will also need details of the product or products
in which the design is to be used, if that is not clear from
any photographs, samples or drawings that you send to us.
We usually do not need a power of attorney from you. Any Convention
priority must be claimed on filing, with the priority document
(and possibly its verified English translation) to follow
within three months of filing. Shorter term, weaker protection
may be available automatically for some designs, particularly
if you are based in the European Union.
COMMUNITY DESIGNS These
are handled by The Community Trade Marks and Designs Office
(OHIM). The application process and requirements for Community
Registered Designs are broadly similar to those for the UK,
but Community Designs have effect throughout the European
Union. There is a discount in fees for bulk filings. There
is usually no need for a power of attorney. Any convention
priority must be claimed within one month of (and preferably
on) filing. The priority document (and possibly a certified
translation of it) must be filed within three months of the
application date, or within a longer period if such is specified
by OHIM. There is a corresponding unregistered community design
right, giving automatic protection against copying for three
years after your design was first marketed.
INTERNATIONAL - An international
registration system exists (the Hague Agreement)
and may be applicable to your needs in certain circumstances.
Phillips & Leigh will give you individual advice.
OVERSEAS - Via our long-established
network of overseas associates, Phillips & Leigh can instruct
filings in any country of the world that allows registration
of designs. A local power of attorney may be required.
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