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Ken Targett

Hampshire, United Kingdom

Intellectual

Property

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

Design registrability

In the United Kingdom, in order to be registrable, a design must satisfy the following conditions:

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It must have features of shape, configuration, pattern or ornament which, in the finished article, appeal to and are judged by the eye, which are not dictated by the function which the article has to perform, and which are not dependent upon the appearance of another article of which the article is intended to form an integral part.

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It must be new in the United Kingdom and not differ from known designs only in immaterial details or in features which are common trade variants.

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It must not be applied to an article of a type excluded from the registration system, including:
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works of sculpture (other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process),

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wall plaques, medals and medallions, and

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printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dress-making patterns, greetings cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles.

If a registered design is being contemplated, it is therefore very important that the design is not disclosed to other people, unless in confidence, until the registered design application has been filed.