Tailored design right registration: Protecting your product's appearance
A design right is the legal protection afforded to the visual appearance of a product, covering its shape, configuration, pattern, or ornamentation.
It is not relevant to its function (i.e. in the same way that patents protect the function of an invention).
It is a critical asset for businesses that invest heavily in product aesthetics and industrial design.
In the UK, protection is complex, involving two layers: unregistered design right (UDR), which is automatic, and registered design right (RDR), which provides a much stronger, enforceable monopoly.
Our service focuses on strategic registration to secure the broadest possible legal fence around your product, giving you immediate and powerful rights against copying.
Design right registration: How we assist you
We treat design right registration as a crucial defensive measure informed by our history of fighting design infringement claims.
Our goal is to secure a right that is difficult to challenge and easy to enforce.
- Dual-layer strategy: We advise on the strategic overlap between the automatic, but weaker, unregistered design right and the powerful, time-limited registered design right. We secure the registered right in a manner that maximises the protection of the product's core appeal.
- International deployment: We manage filings across multiple jurisdictions, including the UK Intellectual Property Office (UKIPO) and the EUIPO (for registered community designs), ensuring your product's appearance is protected in all relevant global markets.
Our unique capability in this area
As IP litigation specialists, our unique capability is rooted in our experience challenging and defending design rights in court.
We know the exact arguments used to invalidate a design registration.
Our team ensures that the formal application and the representations (drawings or images) are strategically crafted to withstand the intense scrutiny of litigation; and protect the essential characteristics of your design that are significant to its commercial appeal.
You receive a design right that is meticulously filed, not merely for administrative compliance, but to serve as a future-proofed, litigation-ready asset that provides maximum commercial leverage.
Tailored design right registration: Common questions and answers
What is the difference between a Registered Design and an Unregistered Design Right?
A registered design right is a proactive, monopoly right: it protects your design regardless of whether a competitor copied it.
It lasts up to 25 years. An unregistered design right is an automatic right that arises from creating a design.
It only protects against direct copying and lasts a maximum of 15 years. We advise clients on the optimal combination of both to maximise coverage.
How long does a Registered Design Right last?
In the UK and EU, a registered design right protects a design for up to 25 years, subject to renewal every five years.
This long-term, exclusive right makes it an extremely valuable asset for product-led businesses and a critical factor in investment due diligence.
What are the key elements of a "litigation-ready" registration?
A litigation-ready registration is defined by the quality of its drawings and views.
We focus on using clear graphic representations (line drawings, not photos) that precisely define the claimed design elements, omitting non-essential features and applying clear disclaimers to elements that are not being sought protection over.
This draws focus to the most compelling and distinct elements that and removes ambiguity that opponents use to invalidate the right in court.
How does the process of filing a design right work internationally?
We typically advise clients to file their UK or EU registration first.
We then use international mechanisms, such as the Hague System (WIPO), which allows you to secure protection in multiple countries simultaneously through a single application.
Our strategic advice ensures the initial filing is robust enough to act as the foundation for this rapid global rollout.
Design right registration: Next steps
Protect your product's competitive look with a design registration built by litigation experts.
Use the calendar below to arrange a consultation with our team and begin securing your valuable design assets.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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