Designs
Shape up and benefit from registered design protection.
Protection of the distinctive visual appearance of a product in a competitive market may be a useful (and quick) way to give further protection for your product design. Whilst it is possible to have design rights in certain 3-dimensional designs without having to register them, the registration system is relatively inexpensive and gives broader protection to a wider definition of designs.
What can I protect?Modern design law gives a broad definition to what a registered design can be, from a 3-dimensional shape to a two
dimensional pattern or the surface decoration of a product, or its packaging. A registered design can also be any graphic symbol such as a logo, computer icons or the appearance of product packaging. As long as the design is new and has ‘individual character’, it is possible to register it. It also means that in some cases, there is some cross-over between what is protectable as a design registration and what can be registered as a trade mark (eg logo designs that do not contain any word elements).
How can Montana iP help?Montana iP can advise on the most appropriate strategy for protecting your designs and recommend a strategy for registering your designs in order to minimise your costs and maximise your protection going forward. The fact that there is minimal examination of registered design applications (issues of validity are largely dealt with during third party disputes), means that it is vitally important your application properly covers the key elements of the design you wish to protect.
Montana iP can provide the advice you need to get this right.
We can also advise on how to deal with potential infringements of your design or defend any challenges raised by third parties.
Learn more about registering designs.