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Ken Targett

Hampshire, United Kingdom

Intellectual

Property

Practice

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Design registrability
Design ownership
Enforcement of Design
British reg. designs
Foreign reg. designs

British registered designs

Initial application

To obtain a British registered design, an application needs to be filed at the Designs Registry, which is part of the Patent Office. The application must identify the applicant, include a declaration that the applicant is the proprietor of the design and also the owner of any design right in the design, specify the article to which the design is to be applied, include representations (drawings or photographs) showing the design, and include a statement as to the novelty of the design, for example the shape and configuration of, or the pattern and ornament applied to, the design shown in the representations. A filing fee must also be paid.

Examination

The application is examined to ensure that it complies with the formal requirements of the relevant Act and Rules, but the Registry no longer conducts a novelty search as a matter of course. Nevertheless, if the examiner knows that the design is not novel, objection will be raised.

Registration

Assuming that any objections can be overcome, the design is registered, details of the registration are made available to the public by the Designs Registry, and a certificate of registration is issued to the proprietor.

How long does it take?

If there are no objections, or any objections are dealt with swiftly, the time from application to registration is typically four months.

Term and Renewal

The design is initially registered for five years from the date of filing, but the registration may be renewed for additional five year periods up to a maximum of 25 years upon payment of the appropriate renewal fees.

Associated Designs

If the design is modified, the proprietor can register the modified design as an associated registered design. Similarly, if the design is applied to other articles, the proprietor can register the design as an associated registered design in respect of those other articles. In either case, the original registered design and any publication of it is disregarded when assessing the novelty of the associated design. However, the associated registered design cannot remain in force for any longer than the original registered design.