Prepare for the design application
1. About your product
With a design registration, you protect the appearance of your product. The appearance must be new and have distinctiveness.
You cannot register a method, function or idea as a design.
2. New and distinctive appearance
In order to obtain design protection for your product, the appearance of the product must differ from previously known or registered designs.
In a possible legal dispute, an assessment is made. If your design is too close to another design, it may be considered an infringement.
It is your responsibility to ensure that your design is new and distinctive and does not infringe on anyone else’s registered or unregistered design.
Feel free to contact us to get suggestions on what you should do in your investigation using databases and other sources.
In design databases, you can search for already registered designs in different product areas (classes).
PRV consulting services can help you conduct a search of the databases for a fee.
If you have already begun selling your product or exhibited it in any public context, you must apply for design registration within 12 months from making the design public in order to obtain protection.
3. The design must be presented with clear images
A registration applies for the appearance that is sent in on the application date. It is not permitted to change the appearance or add more products afterwards.
The protection for your design is based on the images published at registration. It is therefore important that the images you send in are clear and show the product from different views.
If you want to protect the appearance of a part of a product, it is important that the image only shows the part you want to register. A part of a product can, for example, be the ear on a cup, or the foot on an armchair.
4. Choose your most important market
1. Begin with a Swedish application
From the date you apply for a design registration in Sweden, what is known as a priority period of six months begins. During this period, you can apply to register the same design in other countries. Your registration in the new country is then valid from the application date in Sweden.
2. Apply with EUIPO
If you want to register your design in all of the EU countries, you can send your application to the European Union Intellectual Property Office (EUIPO).
3. Apply with WIPO
If you want to register your design in several parts of the world, you can apply for a so-called international registration.
The application is submitted to the World Intellectual Property Organization (WIPO). In your application, you state the countries in which the design shall be valid. In the application, you can choose from more than 90 different countries and intergovernmental organisations (such as the EU and BeNeLux).