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Protecting your designs

At Dehns we can help you protect not only the technology behind your product, but also the aesthetic appearance.

Investment in the look of a product often brings a high return, but how exactly can that investment be protected?

Designs protect the appearance of a product, and can protect the whole of a product or a particular part of a product.  The features of the design may include its shape or its surface decoration or colours.

Under UK national law, there are two types of protection available for designs – “Unregistered” Design Right and Registered Designs. Under European law there are two equivalent forms of protection which cover the EU.

At Dehns, we can advise on how to protect your designs in the UK, the EU and around the world.

The difference between Designs and Trade Marks

Registered and Unregistered Designs protect the visual and aesthetic aspects of a product intended to make it visually appealing and attractive to consumers, with protection covering the product’s appearance rather than functionality. Designs offer temporary protection, with a fixed, maximum term.

Trade marks, on the other hand, whilst still including visual elements, serve to distinguish a brand’s goods or services, aiming to protect brand identity and prevent consumer confusion by associating specific symbols or names with a particular source. Trade marks can last indefinitely when actively maintained.

The difference between Designs and Patents

Patents protect the way things work; there must be a technical aspect to the subject matter to be protected. Patent protection is not available for aesthetic creations; but Design protection is available precisely for this sort of innovation.

Designs Services
UK Registered Designs Designers can register their designs in order to obtain a limited term of protection. UK Registered Designs
UK Unregistered Designs In both the UK and EU there is a form of design protection that comes into existence automatically, i.e. you do not have to apply for it or register it. However the rights are a little more limited. UK Unregistered Designs
EU Registered Designs An EU Design registration covers all European Union countries. This provides a simple and highly cost-effective route for obtaining pan-EU registered designs. EU Registered Designs
EU Unregistered Designs The EU Design Regulation also establishes the availability of unregistered EU Designs. The right is automatic from when the design is first made available to the public within the EU and the term of protection is three years from the publication date. EU Unregistered Designs

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