Design Registration: Protect the Appearance of Your Product
Have you developed a new product with a distinctive appearance? If so, it is important to consider not only protecting the technical aspects of your innovation, but also safeguarding its design. By registering a design (also known as obtaining a registered design right), you can prevent competitors from copying your product's appearance and bringing similar products to market.
At Inaday, we assist entrepreneurs, designers, start-ups, and international businesses with design registrations in the Benelux, the European Union, and worldwide. Within one working day, we assess the most suitable protection strategy for your design.
What Is a Registered Design?
A registered design protects the appearance of a product. This includes its shape, lines, contours, colours, texture, materials, or ornamentation that together determine the product's distinctive visual appearance.
By registering your design, you obtain the exclusive right to use it. Competitors may not market products that produce the same overall impression on the informed user as your registered design.
A registered design protects the appearance of a product, not its technical functionality. Technical innovations are generally protected by a patent.
What Can Be Protected by Design Registration?
Almost any visible product design can qualify for design protection, provided it is new and has individual character.
Examples of designs that may be protected include:
- Consumer products
- Industrial products
- Furniture
- Packaging
- Household products
- Medical devices
- Machinery and machine parts
- Jewellery and watches
- Clothing, footwear, and bags
- Graphical User Interfaces (GUIs)
- Icons and displays
- Patterns, prints, and ornamentation
In certain circumstances, individual parts of a product or combinations of products may also qualify for protection.
When Can a Design Be Registered?
A design can only be registered if it satisfies two key legal requirements.
The Design Must Be New
At the filing date, no identical design may already have been made available to the public. It is therefore advisable to file your design application before publicly disclosing your design whenever possible.
The Design Must Have Individual Character
The design must create a different overall impression on the informed user compared with previously disclosed designs. Minor or insignificant differences are generally insufficient.
Our design specialists assess in advance whether your design is likely to satisfy these requirements.
Registered Design or Patent?
Registered designs and patents protect different aspects of a product.
| Registered Design | Patent |
|---|---|
| Protects the appearance of a product. | Protects the technical functionality of an invention. |
| Covers shape, lines, colours, ornamentation, and overall design. | Covers technical solutions and innovations. |
| No technical effect is required. | A technical character is essential. |
In practice, both forms of protection are often combined. A patent protects the technical innovation, while a registered design protects the appearance of the same product.
Where Can You Register a Design?
The most appropriate filing strategy depends on the markets in which you operate.
We can arrange:
- Benelux design registrations;
- European Union Registered Community Designs (RCDs), providing protection throughout the EU;
- International design registrations through the available international registration systems;
- National design registrations outside Europe.
Together, we determine the registration strategy that best matches your commercial objectives and budget.
How Long Does a Registered Design Last?
A registered design is initially valid for five years and can be renewed in successive five-year periods up to a maximum term of 25 years.
We actively monitor your registrations and notify you well in advance when renewal deadlines are approaching.
Unregistered Community Design
Within the European Union, protection may also arise through an Unregistered Community Design.
This protection automatically comes into existence when a new design is first disclosed within the European Union and lasts for a maximum period of three years from the date of first disclosure.
Although valuable in certain situations, this form of protection is more limited than a registered design. A registered design generally provides a much stronger legal position and is considerably easier to enforce.
When Does Design Infringement Occur?
Design infringement occurs when a competing product creates the same overall impression on the informed user as your registered design.
When assessing infringement, factors such as the following are considered:
- The overall impression of both designs;
- The degree of design freedom within the relevant product sector;
- The distinctive features of the registered design.
Every case is unique. We therefore assess each potential infringement individually and provide a realistic evaluation of your legal position.
Can a Registered Design Be Assigned?
Yes. A registered design may be sold, assigned, or licensed to another party. An assignment will generally require a written deed. Changes such as amendments to the proprietor's name or address can also be recorded in the relevant registers.
Our specialists can take care of the entire legal process on your behalf.
What Does Design Registration Cost?
The cost of registering a design depends on several factors, including:
- The number of designs to be registered;
- The countries in which protection is required;
- The chosen registration route.
For many businesses, an EU Registered Community Design is an attractive option because it provides protection in all EU Member States through a single registration.
We always provide a transparent quotation in advance, so you know exactly what to expect.
Why Choose Inaday?
At Inaday, we combine technical, legal, and commercial expertise. We look beyond simply registering your design and help you develop a comprehensive intellectual property strategy.
Our services include:
- Assessing whether your design qualifies for protection;
- Advising on design rights, patents, and trademarks;
- Preparing and filing design applications;
- International design protection;
- Assistance in design infringement matters;
- Support with assignments, licences, and renewals.
Register Your Design
Would you like to prevent competitors from copying your product design? Or would you like to know whether your design qualifies for protection?
Contact the design specialists at Inaday. We will assess your design, advise you on the most effective registration strategy, and guide you through the entire process—from application to registration—ensuring that your design receives the strongest possible protection.