McHalewood & Sons Ltd.
 







Have you designed something new? Perhaps it's a new cutlery set or a bottle shape. Maybe it's an item of jewellery or a design to be applied to a T-shirt. Or it could be a door style or a handle. Whatever your new design, it may be possible for you to obtain the exclusive right to it by seeking registration of the design.

A design may be registered at the UK Patent Office and/or at the European Community Office (OHIM) in respect of any new designs which has individual character. Designs may be registered in respect of such diverse items as toys, lamps, articles of furniture, containers, clothes, fabrics, wallpaper, etc.

The registration of a design secures for the owner a monopoly in respect of that design which may last for up to twenty five years in the United Kingdom or throughout the European Union.

The design must be new at the date of application for registration if a valid registration is to be obtained. Therefore, it is advisable to apply for the protection before making any public disclosure of the design. By way of exception to this general principle, if a design is first published by its owners within the EU, the novelty is retained provided that an application for registration is filed within twelve months of the publication date.

Similar industrial design protection is available in other countries based on a UK or European Union Design Application. Applications for corresponding protection abroad must be filed within six months from the date of filing of the initial design application, if the UK or EU priority date is to be claimed.

Features of a design which are pertinent to registrability include lines, contours, colour, shape, texture, materials and/or ornamentation. The design need not have eye appeal although the features of the design must be visible during normal use of a product accompanying the design. Features or the designs which are purely functional or which enable the product to fit with another product so that either can be used are excluded from protection.

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