How to Apply to Register a Design

How to Apply to Register a Design
This booklet will help you apply to register a design in
the United Kingdom. It also includes information about
applying to register a design outside the UK.
Intellectual Property Office is an operating name of the Patent Office
All information contained in this document was correct at the time of going to print, and is available in
alternative formats on request. For further information please visit our website at:- www.ipo.gov.uk
or contact us on:- 0300 300 2000
Introduction This booklet will help you apply to register a design in the
United Kingdom. It also includes information about applying to register
a design outside the UK. We have done our best to make sure that the
information in it is correct. However, the booklet does not try to cover
every part of design law.
1
Help and Advice
Professional help
If you would like more information or help, please:
A trade mark attorney or patent attorney is legally and
professionally qualified in design matters. You do not
have to use one to act for you when you are making
your application, but you may find it helpful - especially if
we raise objections to your application. You can get the
names of trade mark attorneys from:
•
phone 0300 300 2000 (we may
record or monitor calls for training
purposes);
•
contact us by minicom on
0300 0200 015;
•
fax 01633 813600;
•
e-mail [email protected]; or
•
visit our website at www.ipo.gov.uk
Or, you can write to us at:
Designs Registry
Cardiff Road
Newport
South Wales
NP10 8QQ.
If you would like more information or help, please phone 0300 300 2000
(we may record or monitor calls for training purposes)
2
The Institute of Trade Mark Attorneys
5th Floor
Outer Temple
222-225 Strand
London
WC2R 1BA
Phone: 020 7101 6090
Fax: 020 7101 6099
You can also get the names of patent attorneys from:
The Chartered Institute of Patent Attorneys
95 Chancery Lane
London
WC2A 1DT.
Phone: 020 7405 9450
Fax: 020 7430 0471
This booklet has three separate sections
Section 1
How to pay
Provides essential information to help you prepare your
application to register a design in the UK.
You may pay by:
Section 2 Includes:
•
cheque made payable to
‘The Intellectual Property Office’; or
•
credit or debit card - please fill in the fee sheet (form
FS2) included with this booklet and send it with your
application.
•guidance notes on how to fill in your application form
and provide illustrations of your design;
•an example of how to present proper illustrations; and
•
your application form.
Important
We cannot refund your application fee for any reason,
so please read this booklet carefully before you make
your application.
Section 3
Gives you more information about designs, including how to
apply to register a design outside the UK.
Application fee
It costs:
In respect of the first design included in an application
•Where consent to immediate publication is given,
£60, and
•Where consent to publication is delayed, £40
In respect of any subsequent design included in the
application
Our Search Service
We can tell you if your design is identical to one which is
already registered in the United Kingdom. If you want to use
this service, you will need to fill in a Designs Form 21 and
send it to us with your fee of £25 and two illustrations of the
design you want us to search for before you send us your
application form.
Our Information Centre
You can phone our Information Centre on 0300 300 2000
before making your application. Our staff in this unit cannot
tell you whether your design will be accepted, but they will
be pleased to answer any general questions you may have.
•Where consent to immediate publication is given,
£40
•Where consent to publication is delayed, £20
This fee covers the cost of us processing your application. It
does not guarantee that we will accept your application.
3
Essential information for preparing your UK design application
What is a registered design?
A registered design is a monopoly right which protects a
design. This can be for all or part of a product resulting from
the features of, in particular, the:
•
lines;
•
contours;
•
colours;
•
shape;
•
texture; or
•
materials;
of the product or its decoration.
The design may be:
•
the shape of a product;
•
the decoration applied to a product; or
•both, for example the shape of a teapot with a specific
pattern applied to it.
And remember, it is the design itself that is protected, no
matter what product you name on your application form.
Registering your design gives you the exclusive right to
the design in the United Kingdom and the Isle of Man for
up to 25 years.
When assessing individual character, the freedom the
designer has in creating the design is taken into account.
You must satisfy yourself as far as possible that the answer
to these two questions is “Yes” because we will not examine
your application by searching for similar designs. If another
person can prove that your registered design is too similar
to another design that already exists then you will lose your
registered design rights.
Upon examination, we will object to designs which:
•
are dictated only by how a product works;
•
are offensive;
•
involve using certain protected flags and international
emblems; or
•
are not covered by the definition of a design e.g. concept/
ideas.
Name and Address
Your application details, including your name and address,
will appear on our records. We also include them in the
Registration Designs Journal if we accept your application.
Both are open to the public on our website which can
be permanently searched using most standard search
engines.
Examining your application
Once we receive your application and fee, an examiner will
check it and decide if it is acceptable.
You can use the 'grace period' for up to one year to test
the market for your design, but you should not delay
making your application any longer than is necessary.
They will then send you a letter with the results of the
examination. This letter will tell you if your design is
acceptable.
What you need to consider before making
your application
What happens if the examiner objects to my
design?
You need to think about the following points carefully
before you send us your application.
•
Is your design new?
This means that it must not be the same as any design
which has already been made available to the public.
•
Does it have individual character?
This means that the overall impression the design gives
to someone must be different from the impression any
previous design gives them.
4
If the examiner objects to your design, you will be allowed
a timescale of at least 2 months to:
•
try to persuade us that the objections are not justified;
or
•
overcome them in some other way.
If you want to put forward reasons why we should accept
your design, you can phone or write to the examiner.
Essential information for preparing your UK design application
If there are relatively straightforward ways of overcoming
our objections, the examiner will tell you about these in the
examination report.
You can also apply to have a formal meeting (a hearing)
with a Hearing Officer who is a senior official in the Designs
Registry. At the hearing, you will have the opportunity to put
forward your case which will allow the Hearing Officer to
make a decision on the future of your application.
What if I cannot overcome the objections?
You can either withdraw your application or we will write to
you telling you that it has been refused.
We will also refuse your application if you do not reply to
the examination letter by the deadline that we give you.
We will publish your registration in the Registered
Designs Journal, which is published every week on
- line. Please be aware that this will mean that your
name and address details will appear on the internet,
so you should apply using a PO Box number or an
alternative address if you do not wish for personal
information to appear in the on-line journal.
How long does the process take?
If we do not object to or question your design, it will be
registered within 2 months. Your certificate will follow
shortly after.
It will obviously take longer if the examiner has to
ask you any questions or you have to overcome any
objections.
What happens if the examiner does not object
to my design or I overcome the objections?
We will register your design in the UK Designs Register,
which you can view on our website at www.ipo.gov.uk
These times are the usual times
for these events to occur within.
Unusual circumstances will
cause these to change.
We receive your
Application
“filing date”
6 days
We will send you an
application receipt
2 months
We grant your design
registration in relation
to correctly filed
applications.
Wthin the time limit we
give (usually 2 months)
If required, you reply to
the examination report
3 weeks
after the grant date
We publish the design
Design Registered
5
How to fill in your UK design application form
Please remember that we cannot refund your application fee for any reason, so please read this booklet carefully
before you make your application.
Application fee
Illustrations of your design
It costs:
You will need to send us one copy of the illustrations of your
design with your application form. Please read the guidance
notes on page 9 of this booklet and study the example on
page 10 so that you will know the best way to present your
illustrations.
In respect of the first design included in an application
•Where consent to immediate publication is given,
£60, and
•Where consent to publication is delayed, £40
In respect of any subsequent design included in the
application
•Where consent to immediate publication is given,
£40
•Where consent to publication is delayed, £20
This fee covers the cost of us processing your application. It
does not guarantee that we will accept your application.
How to pay
You may pay by:
•
cheque made payable to
‘The Intellectual Property Office ’; or
•
credit or debit card - please fill in the fee sheet (form
FS2) included with this booklet and send it with your
application.
Please read the guidance notes on page 9 of this booklet and study the
example on page 10 so that you will know the best way to present your
illustrations.
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Returning the form to us
When you have filled in the form, please return it with one
copy of the illustrations of your design and your fee to:
Designs Registry
Cardiff Road
Newport
South Wales
NP10 8QQ.
Representations of your design
Providing illustrations of your design
Drawn views
You must send us a complete set of illustrations of your
design. We will scan the images of your design and print
out a copy for the registration certificate. The original
illustrations will be kept on the official file for our records.
These should be ink drawings or, better still, good-quality
photocopies.
Your illustrations must present an accurate and complete
picture of your design.
If your design is not two-dimensional or is just decoration,
your illustrations should include a series of views of the
product which the design is applied to. If you only want to
protect the design of part of a product, you should mark
your illustrations clearly or include a ‘partial disclaimer’ (see
below).
If you need to explain any design features which cannot be
clearly seen in your illustrations, you may include a brief
description at the bottom of sheet 1 of your illustrations.
You will find an example of how to provide a set of
illustrations on page 10 of this booklet.
Views of the design
Your illustrations should show enough different views of
the design so that there is no doubt about exactly what you
want to register.
If your design is for the shape of a product, the best views
are often those which show the product in perspective.
Perspective views show how the design looks from different
angles and can reveal important details that do not always
show up in a single view.
Your illustrations can be drawings or photos or, in some
cases (where the design is on a flat surface), samples. They
should be presented on A4-size paper.
Only use one side of the paper and, where possible, show
the product in an upright position. Mark the sheet number
in the top right-hand corner. You will also need to show the
total number of sheets in the set (for example, ‘Sheet 1 of
3’, ‘Sheet 2 of 3’, and so on).
Labelling the views
You should label each different view in your set of illustrations
(for example, ‘Front view’, ‘View of one side’, ‘Perspective
view from front, above and one side’).
If necessary, you can include footnotes such as ‘The
product is circular’ or ‘The view from the other side is the
same’, instead of adding extra views. Do not include any
other writing on your illustrations and do not show the size
of the item.
Repeated surface patterns
Views of designs with a repeated surface pattern should
show the complete pattern and be surrounded with enough
of the repeat to fully illustrate the entire pattern.
Only use sectional views if they are essential to show a
feature properly.
If you do include sectional views, they must be blacked in
solidly to hide any internal features which cannot normally
be seen on the finished product.
Photographic views
These should show the product in front of a clear background
and should not include any other items. Avoid confusing
highlights, reflections and heavy shadows. Take care to
prevent misleading distortion as a result of the camera being
too close to the item. If you need to adjust your photos, you
should do so on the negatives and not on the prints.
Glue your photos firmly to A4 backing sheets.
‘Informal’ illustrations
To avoid delaying your application, you can send us an
‘informal’ illustration or sample of the product. This does
not need to meet all the requirements set out above, but
it must show clearly all the features of the design you
want to protect. We only need one copy of your ‘informal’
illustrations, or one sample, with your application.
If we are not satisfied with the illustrations or samples you
provide, we will later ask you to send us proper ‘formal’
illustrations of your design. We may also tell you more
exactly what we need to see.
Partial disclaimer
In some cases you may want to protect the design that is
applied to only part of a product.
In these cases, you must clearly identify the design on the
part or parts of the product you want to protect. You can do
this by:
•
colouring the part or parts in question;
•drawing the part or parts in question in solid lines and
the other parts in dotted lines; or
•carefully circling the part or parts in red ink.
You must do this on all the views of the product in both
sets of the illustrations.
You should then include a ‘partial disclaimer’ worded as in
the following example.
‘The features of the design for which protection is sought are
the [lines, contours, colours, shape, texture or materials, as
appropriate] of the part or parts of the product shaded in blue
in the illustrations.’
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How to present your design illustration
8
How to fill in your UK design application form in detail
If there is not enough space for any of your answers on the form, please use separate sheets. Number each sheet
and write in section 7 of the form how many extra sheets you have used. If you need any more help to fill in this form,
contact our Information Centre on 0300 300 2000.
What to put in each section of the form
First page
Section 1
Section 5
Please include your reference. You don’t have to provide
one, but if you do we will use it whenever we contact you.
Before working out how much your application will cost,
you will need to count the total number of designs and
decide if you want to defer publication of any or all of the
designs that you include. Please complete the “Designs
Ready Reckoner” sheet attached.
Section 2
Say how many different designs you are applying for in this
application if there is more than one. Remember that you
will need to pay for each design. See the “Designs Ready
Reckoner” sheet attached to help you to calculate the total
fee payable. In the case of a multiple application, you also
need to tell us how many designs in the application are to
be published immediately. For example, if this is a multiple
application of three designs and you want all three to
proceed to publication and registration as soon as possible,
state “3”. If however this is a multiple application of three
designs and you want to defer the publication of one of the
designs then state “2”.
Section 3
This section must contain the details of the owner of the
design. So only give your own details if you are either the
owner or a joint owner with another person or company.
Do not automatically name yourself as the designer if you
are applying in the name of a company. If you are applying
as a partnership, the name of the partnership must be
provided. It would be helpful if the names of all the partners
are listed also, but this is not essential. If your address is
outside the UK, you must provide an address either within
the European Economic Area or the Channel Islands as
your contact address in section 4. You will only have an
ADP number (which means Automatic Data Processing) if
you have previously applied to us to register a design, but if
you do not know it then leave this space blank.
Section 4
If you appoint someone (for example, a patent attorney or
a trade mark attorney) to deal with your application, give
details here. If, as the applicant your address at section 3 is
outside the UK, you must provide a contact address within
the European Economic Area or the Channel Islands. We
will send all our letters to this contact address (which we call
an “address for service”). If you leave this section blank, we
will write to you at the address given in section 3 as long as
it is within the UK or elsewhere in the European Economic
Area or the Channel Islands. You can change or appoint an
agent or change a contact address at any time after making
your application by sending us Form DF1A. You can get
this form from us.
If you have requested deferment of publication of any
design within your application, you must send us a Form
DF2C requesting publication within 12 months of the
date of application. Otherwise your design will not be
registered. When you send us Form DF2C to ask us
to publish each design, you will need to pay the £20
publication fee for each design as well as a deferral fee of
£20 for each design. So, for example, a single design on
which you defer publication will eventually cost you £80
(£40 for the application, £20 for the publication and £20
for the deferral) instead of £60. And any other design in
a multiple application on which you defer publication will
eventually cost you £60 (£20 for the application, £20 for
the publication and £20 for the deferral) instead of £40.
You can choose to defer publication of any design for up
to12 months from the date of the application. This period
cannot be extended.
On all designs where you have not requested deferred
publication we will publish these as soon as possible, once
the application is in order.
Section 6
You or your agent must sign and date the form.
Section 7
It will help us to sort out any queries more quickly if you
can provide the name and daytime phone number of
someone we can contact. You can also provide your
e-mail address if you would like us to contact you in this
way. In this section you should also say the total number
of sheets of paper that make up this form so that we
can account for everything. You do not have to attach
samples of the products which show your design, as lined
drawings, photographs or computer generated images
should be perfectly adequate. But if you are unable to
clearly show the design with paper illustrations then you
may attach a sample of each design and say how many
are attached.
9
How to fill in your UK design application form in detail
Second page
You should use this sheet to give information that is special to the single design or to each design in a multiple
application. So, you should copy the sheet as many times as you need. You should identify the number of designs in the
illustrations, and say at the top of the second page which design each sheet refers to.
Section A
This must be the same applicant as in section 3. You
cannot include designs owned by other people with this
application.
Section B
Say the product that you have designed, or which product
or products the design is normally applied to, for example
a watch or a teapot. If the design is surface decoration,
say the products that the decoration is most likely to be
applied to e.g. textiles, wallpaper or clothing. And if the
design is the shape of something, say the product or
products that the shape is applied to e.g. a table or a
vase. Please avoid long descriptions. We want to know
which products the design is applied to or used for so that
we can accurately classify the design for our public search
database. This is so that when anyone searches our
website for designs of various products they will see your
design registration in the product types where you are
most likely to use it. We will restrict the classifications of
each design to a maximum of four different product types,
and may change the product descriptions that you give to
ensure correct classification. These product classifications
will not restrict the design registration in any way at all.
It is the design itself that will be protected, regardless of
which products you say are the most likely to be used.
Section C
Your illustrations should show enough different views of
the design so that there is no doubt about exactly what
you want to register. So tell us how many views of the
design you have included.
Section D
Designs of a repeating surface pattern (RSP) should show
the complete pattern and be surrounded by enough of
the repeat to fully illustrate the entire pattern. So if you
are, for example, applying for the design of wallpaper or
textile materials that are intended to cover a large area,
make sure that your design illustration covers more than
the whole pattern, and say “RSP” in section D. Otherwise
we will treat the design exactly as it appears in the
illustrations, without any repeat.
Section E
You may give a brief description of any design features
that you feel may not be adequately shown in the
illustrations, such as lines, contours, colours, shape,
texture and materials used.
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Section F
In some cases you may want to protect the design that is
applied to only part of a product. In these cases, you must
clearly identify the design features on the part or parts
of the product you want to protect. You can do this by
(i) colouring the part or parts in question, (ii) drawing the
part or parts in question in solid lines and the other parts
in dotted lines, or, (iii) carefully circling the part or parts in
red ink. You must do this on all the views of the product
in your illustrations. You should then include a “partial
disclaimer” in section F worded something like “The
features of the design for which protection is sought are
the [lines, contours, colours, shape, texture or materials
as appropriate] of the part or parts of the product shaded
in blue in the illustrations”. Limitations and disclaimers will
restrict the scope of the registered design.
Section G
If you wish you may defer publication and therefore
registration of the design for up to 12 months. The period
for deferment cannot be extended. If you do not want
us to proceed to publication and registration as soon as
possible, please say “No” and make sure that you have
filled in a “Designs Ready Reckoner” sheet to pay only the
application fee at this stage. You will need to fill in a Form
DF2C and pay us the publication fee and an extra fee for
deferral when you want to have the design published. You
must not forget to do this as the design application will be
automatically deemed abandoned after 12 months and
you will not then gain a registration at all. See the notes
at section 5 for more information about the fees you must
send with a Form DF2C.
Section H
If you are claiming priority from an earlier design
application made in another country, provide details in this
section. You must apply within 6 months of your earlier
application.
Section I
Only fill in this section if you are not the person or
company named in the priority application in section H.
How to fill in your UK design application form in detail
Third page
You should use this sheet for illustrations of your design. If you need to copy the sheet to show the different views of
the design then please do so, and show the continuation of the design number, for example, design number 4 continued
out of a total of 7.
Your illustrations should show enough of the design so that there is no doubt about exactly what you want to register.
If your design is for the shape of a product, the best views are often those which show the product in perspective.
Perspective views show how the design looks from different angles and can reveal important details that do not always
show up in a single sided view. Your illustrations can be drawings or photographs or, (in cases where the design is on a
flat surface) samples. They should be presented on A4 size paper. Use only one side of the sheet of paper and, where
possible, show the product in an upright position. You should label each different view in your set of illustrations, for
example “front view” “view of one side” and so on. If colour is meant to form part of the design features then you should
show the exact colour or colours in the illustrations or sample of the design. If colour is not meant to form part of the
design features, or, if you want to protect the design in any colour, you can disclaim the colour by adding words such as
“No claim is made for the colour or colours shown”.
If you are having difficulty in showing your design on paper, then you may send us samples of the designs that are not
harmful or perishable and which can be held by hand. We regret that we cannot return such samples. If you wish to
make an application by using samples of products instead of paper illustrations then you should say so in a covering
letter, or phone our Information Centre on 0300 300 2000 and ask to meet with a Designs Examiner who will help you
with your application.
11
Form DF2A
Please remove the application forms from the following pages, fill them in
and return them to us.
12
Designs Form DF2A
Official fee due with this form
Application to register one or more designs
Please read the guidance note below about filling in this form.
1.
Your reference:
2.
If you are applying for more than one design,
please state the total number.
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
How many of these designs do you wish to have
published and registered immediately?
3.
Full name and address (including postcode) of
the applicant.
Your application details, including your name and
address, will appear on our records both in the
office and on the electronic register which is
searchable by the public.
Designs ADP number (if you know it).
If you are applying in the name of a company,
where is it incorporated?
If incorporated in the USA, in which state is it
incorporated?
4.
Full name and address (including postcode) of your
agent or your contact address if not the same as in
section 3 above.
Designs ADP number (if you know it).
5.
Fees enclosed.
6.
Signature of the applicant or their
representative.
Name in BLOCK CAPITALS.
Date.
7
Name and daytime phone number of the person
we should contact in case of query. You may
also provide your e-mail address.
How many pages are you sending us?
This is sheet 1 of
Note:
Section 5: If this application contains more than one design, attach a Designs Ready Reckoner sheet.
(REV JUN 10)
Intellectual Property Office is an operating name of the Patent Office
Form DF2A
This is the
(for example, first) design out of a total of
designs
You must answer these questions for each design in a multiple application, so copy this sheet as many
times as you need.
A.
Name of the applicant.
B.
Which product or products is the design
for?
C.
How many illustration sheets are there for
this design?
D.
Write “RSP” if this is the design of a pattern
which repeats across the surface of a product,
for example, wallpaper.
E.
If you wish, you may give a brief description of
the design shown in the illustration or sample.
F.
List any limitations or disclaimers you want to
record.
G.
Do you agree that we should publish this
design as soon as possible?
Please state yes or no.
H.
If you are claiming priority from an earlier
application to register this design, give these
details.
I.
If the earlier application was made in a different
name, say how the current applicant has a right
to apply. If, for example, by assignment of the
earlier application, give the date of the
transaction.
Notes:
Priority date
Country
Application number
You MUST answer all of the questions above which are shown in BOLD print.
Please phone us on 0300 300 2000 if you need help to fill in this form.
Checklist
Tick the box if you have included priority documents with this application
(REV JUN 10)
Form DF2A
Illustration sheet
This is the
(for example, first) design out of a total of
designs
_____________________________________________________________________________________________________________________
(REV JUN 10)
Form DF2A
Designs Ready Reckoner
Please remove the Designs Ready Reckoner
from the following page, fill in,
and return to us.
19
BLANK PAGE
20
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
Designs Ready Reckoner
Please return this sheet with your application form DF2A or DF2B
___________________________________________________________________________________
Write in this box how many
designs you are applying for.
Write in this box how many designs
you want to be published immediately.
Add the two numbers.
(That is, multiply the sum of the two numbers
by 20, add 20, and write the answer in the box.
Then write this number in section 5 of form
DF2A or section 6 of form DF2B).
X 20 + 20 =
___________________________________________________________________________________
Before sending us your application, please make sure you have:
• carefully read all sections of this booklet;
• carefully
considered whether your design is new and has individual character, or if we are likely
to raise any other objections (see pages 4 and 5);
• filled in your application form correctly and provided a copy of illustrations (see pages 7 and 8);
• included the right fee (see page 3); and
• contacted our Information Centre on 0300 300 2000 if you are not sure of anything.
carefully considered whether your design is new and has individual
character, or if we are likely to raise any other objections
23
More information about designs
Confidentiality
Other people’s comments
We have to make all documents connected with your
application available for public inspection after we have
published your application in the Registered Designs
Journal. This will include any evidence and exhibits you
have provided to support your application.
Once we have published your application in the
Registered Designs Journal, your design will become
registered, and anyone who thinks that you are not entitled
to have registered rights in the design can apply to have
the registration removed. This action is called ‘invalidation’.
If anyone does apply to have your design invalidated, we
will send you a copy of the statement of their reasons and
invite you to state your case against the invalidation.
If you do not want a piece of information to be open to
public inspection, you should give us detailed reasons in
writing when you send us the document or within 14 days
of sending it. We will then consider whether we can agree
to your request for confidentiality.
Appealing against us refusing your application
If we refuse to register your design, you will receive a
written statement of our reasons for doing so. You can
then appeal against this decision to the Registered
Designs Appeal Tribunal at the High Court or the Court
of Sessions in Scotland or the High Court in Northern
Ireland.
Falsely indicating that a design is registered
It is an offence to indicate that a design is registered when
it is not. For example, it would be an offence to use the
words ‘Registered’ or ‘Registered design’ on a product.
Our website
You can search or view the Designs Register, and find
even more detailed information about designs, on our
website at www.ipo.gov.uk
If you do not want a piece of information to be open to public inspection, you
should give us detailed reasons in writing
24
After we have registered your design
Renewing your design
Protecting your design abroad
Your design can be registered for up to 25 years.
However, if you want this to happen, you must renew
it every five years on the anniversary of the date we
received your application.
Registering your design in the UK does not protect it
abroad.
You can renew a registration up to three months before
the renewal date, but we will write to remind you three
months before the renewal is due. The cost of renewing a
design is currently:
If you want to protect your design in countries other than
the United Kingdom, you can do this in two ways.
1 You can apply for a Registered Community Design
(RCD) with OHIM (the Office for Harmonisation in the
Internal Market). OHIM is based in Alicante, Spain. The
Registered Community Design gives protection in all
countries of the European Union (EU).
•
£130 for the second five-year period;
•
£210 for the third five-year period;
•
£310 for the fourth five-year period; and
We have produced a booklet ‘Applying for a Registered
Community Design’ to help you, which you can get from
our Information Centre by phoning 0300 300 2000.
•
£450 for the fifth five-year period.
Or, you can visit the OHIM website at www.oami.europa.eu
What you can do with your design
2 If you want to protect your design:
You can:
•in only some, but not all, of the countries in the EU; or
•license other people to use your design with your
permission;
•
•sell (legally ‘assign’) your design to someone else; or
•
cancel your registration.
Infringement in the UK of registered designs
Infringement means using a registered design illegally.
Infringement takes place when someone uses a design
in the United Kingdom that is identical or similar to your
registered design.
outside the EU;
you generally have to make a separate application to each
country in which you want protection.
If you apply to register your design in a country like
the United Kingdom that has signed the ‘International
Convention for the Protection of Industrial Property’, you
can claim ‘priority’ from your earliest application for the
same design in another Convention country, as long as
you apply within six months of the earliest filing date in
that Convention country.
Protecting your design against use by other
people
We are not responsible for policing the Designs Register
and we cannot give you advice about infringement. You
should ask for professional help for this purpose.
25
We are committed to providing
high-quality best-value services
Other Publications
Patents
PATENTS:
Application Guide
PATENTS:
Essential Reading
1. Patents: Essential Reading
This booklet provides information you need to consider
before committing yourself to applying for a patent,
a summary of the patenting process in the UK and
abroad.
2. Patents: Application Guide
3. Patents: Basic Facts
PATENTS:
Basic Facts
This guide is all about how to apply for a UK patent. Before you apply, there
are two important issues you need to consider – the need to keep your
invention secret and the importance of getting professional advice.
If you invent something that could be commercially
successful, you may be interested in applying for a patent.
Intellectual Property Office is an operating name of the Patent Office
Intellectual Property Office is an operating name of the Patent Office
Intellectual Property Office is an operating name of the Patent Office
Designs
4. How to Apply to Register a Design
How to Apply to Register a Design
5. How to Protect your Design
This booklet will help you apply to register a design in
the United Kingdom. It also includes information about
applying to register a design outside the UK.
Designs:
How to Protect your Design
This leaflet provides basic information
on some areas of design protection.
Intellectual Property Office is an operating name of the Patent Office
Intellectual Property Office is an operating name of the Patent Office
Copyright
6. Copyright: Essential Reading
7. Copyright: Basic Facts
Copyright:
Basic facts
Copyright
Copyright gives the creators of certain kinds of material
rights to control ways their material can be used.
Essential Reading
This booklet provides information on copyright in the UK and abroad and
highlights the processes involved in this important area of intellectual property
Intellectual Property Office is an operating name of the Patent Office
Intellectual Property Office is an operating name of the Patent Office
Trade Marks
8. Trade Marks: Quick Facts
Trade Marks:
Quick Facts
This leaflet provides basic information
on some areas of trade marks. It is not a
reference book and has no legal authority.
Intellectual Property Office is an operating name of the Patent Office
Additional
9. Licensing Intellectual Property
10. Agreeing a Price for Intellectual
Property Rights
11. Non Disclosure Agreements
12. Choosing the Right IP Adviser
13. Resolving IP Disputes
All Publications are available through the Intellectual Property Office Website: www.ipo.gov.uk
or by phoning our Information Centre on 0300 300 2000
To order any of the above publications, please tick the box next to the ones you want, fill in your name and address
over the page, and return the form to:
Information Centre, Concept House, Cardiff Road, Newport, NP10 8QQ.
Intellectual Property Office
Publications order form
Name:
Address:
Phone number:
Fax number:
E-mail:
Any other comments you may wish to add:
After filling in your information, please tear this page off and return it to:
Information Centre
Concept House
Cardiff Road
Newport
NP10 8QQ.
www.ipo.gov.uk
Concept House
Cardiff Road
Newport
NP10 8QQ
Tel: 0300 300 2000
Fax: 01633 817 777
www.ipo.gov.uk
For copies in alternative formats please
contact our Information Centre.
When you no longer need this booklet,
please recycle it.
Revised: March 2010
WS0009DPS/MWL-12-12