The appearance of your product can play an important role in its distinctiveness and appeal in the marketplace.
The appearance of your product can play an important role in its distinctiveness and appeal in the marketplace.
The appearance of your product can play an important role in its distinctiveness and appeal in the marketplace. Think for example of the unique design of furniture, clothing or packaging. Yet protecting these visual aspects is often overlooked, until it is too late. It is crucial to arrange your design registration in a timely and careful manner.
A design is the appearance of a product, such as the shape, lines, colours, texture or use of materials. By registering a design, you can protect your design against imitation by others. This means that you can prevent competitors from copying the appearance of your product without your permission.
To qualify for protection, you must register your design with the Benelux Office for Intellectual Property (BOIP) for protection within the Benelux. For broader European protection, you can register your design with the European Union Intellectual Property Office (EUIPO). If you want worldwide protection, you can register the design with the World Intellectual Property Organization (WIPO) in Geneva. Make sure that your registration properly captures all visual characteristics of your product to avoid future disputes.
For a successful design registration, your design must be new and have an individual character. This means that the design must not have been previously made public and that it creates a different overall impression than existing designs. The protection is initially valid for five years and can be extended up to five times, up to a total duration of 25 years.
Once your design is registered, you have the exclusive right to use it. Infringement occurs when someone makes or markets a product that is the same or barely distinguishable from your design without your permission. In case of doubt, the test can be whether the general impressions of the designs are too similar.
In the event of infringement, you can take legal action, such as demanding a ban on the sale of the infringing products, compensation for damages, or the destruction of the products. We can help you take action, for example by sending a formal notice or starting a procedure.
If you have a question about Design Law, please contact Guldemond Advocaten.
