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Registering Industrial Design Rights: A Simple Way to Protect Your Business

Design Rights or how to protect your business by registering them

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Introduction

Patent registration is an extremely expensive and time-consuming process that requires substantial legal work and the constant involvement of the technical team responsible for the specific invention. For many early-stage companies, this option often falls outside the acceptable budget and may demand excessive strain on the team.

But how, then, can one protect unique solutions in an app interface, character design, or product packaging without spending a fortune and undergoing complicated procedures?

In such cases, registering an industrial design might be a viable alternative.

    What Is It?

    An industrial design is an excellent alternative to patents, granting exclusive intellectual property rights to the visual appearance of your product and ensuring their enforcement within the necessary jurisdiction. In some jurisdictions, this type of intellectual property is classified separately from patents, which allows for faster registration and lower costs.

    Who might find this relevant?

    Registering industrial design rights can benefit various categories of entrepreneurs:

    • Startups in fintech and mobile applications, as it enables the registration of rights to the appearance of interfaces, icons, screens, buttons—everything that makes your app unique.

    • Early-stage inventors: at a stage when patent registration is still too costly but protection is already needed. Industrial design helps secure the rights to a product’s form while you refine it and secure funding for growth.

    • Established companies: if you aim to increase your business’s value by adding intellectual property assets to your portfolio. Design rights can be a valuable complement to trademarks and other IP rights.

    What can be registered as an industrial design?

    Formally, an industrial design refers to the visual appearance of a product that can be described and represented graphically, for example:

    • The shape of a box, packaging, or bottle;

    • The external appearance of a device or gadget;

    • A software interface (GUI - graphical user interface);

    • The design of a game character or animated avatar;

    • The layout of a website, mobile app, or software.

    The key requirement is that the design must be new and original-meaning it should not replicate existing examples and must have its own distinctive style.

    Where can you register?

    European Union: You can obtain design rights through the EUIPO (European Union Intellectual Property Office). The rights will be valid throughout the EU.

    Common law jurisdictions: including the UK, Australia, and Canada, through their respective national IP offices.

    United Arab Emirates.

    Later, you may expand your protection through the Hague System under WIPO, similar to how international trademark rights are extended.

    How can we help You?

    Our team possesses a comprehensive set of skills and extensive experience in assessing and registering our clients’ intellectual property. We would be delighted to provide full-service support for the registration of your industrial design rights—from conducting a preliminary search and assessing your project, to assisting in document preparation, submitting the application, and monitoring its progress up to registration, including further international registration under the Hague System.

    How does the registration process work?

    The process of registering an industrial design is significantly simpler than obtaining a patent, though it still requires legal involvement and includes the following steps:

    1. Preliminary project assessment
      Selecting the necessary jurisdiction, developing an international protection strategy, and identifying the product.
    2. Preliminary search and analysis
      Reviewing the product and evaluating the feasibility of registration in its current form.
    3. Preparation of materials
      Including visual representations of the product and applicant information.
    4. Application submission
      Submission to the appropriate IP office.
    5. Formal examination
      During which the IP office examiners verify the correctness of the materials and absence of technical errors.
    6. Registration and issuance of certificate
      If all requirements are met, your design is officially registered.

    F.A.Q.

    Typically, registration takes from a few weeks to 2–3 months, depending on the jurisdiction. This timeframe makes design registration significantly more attractive than patents, which may take several years, even though the scope of protection differs substantially between these types of IP.

    While a product owner can file the application independently, the risk of rejection increases dramatically. The process of assessing an IP object, determining its level of distinctiveness, identifying potential risks, and addressing possible challenges requires not only specialized education but also practical experience with various IP offices—experience our team fully possesses and is ready to apply on your behalf.

    That largely depends on the jurisdiction, but generally — no. What’s crucial is proving the uniqueness of the visual solution. That is the primary consideration.

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    Law&Trust International offers free general consultation for this issue.

    With our services you can avoid many legal concerns.

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    We will provide detailed information on how we can help you, calculate the cost and timeline.

    A team of experts at your service.

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