Guidelines for the design application
When you apply for design registration, there are guidelines that you need to follow to have a sole right to the design. Here is a summary of the guidelines.
The design must be new and distinctive
PRV conducts no examination or assessment of whether your design is new and distinctive. It is your responsibility to find out if the appearance of your product differs from previously known or registered designs. It is important that you avoid infringing on somebody else’s rights.
Using databases and registers, you can yourself search for earlier designs that are registered.
A few examples of databases you can search in are:
The design may have been made public before the application
If you have published your design before you apply for registration, you have one year to file a design application with PRV. This is called the grace period.
The forming of the design must be finished
Once the application is filed, you cannot change the appearance of the design or add another design. It is therefore important that you are finished with the forming of the design before you file to have it registered.
The images determine what is protected
Your design application must contain images which clearly show your product, because the design protection will be based on these images. It is important that the entire appearance is shown and it is good to send in images from several different views. Clearer images will improve the quality of your registration.
The design application is a public document
The application is a public document, but you can request that the image materials be kept secret for six months. If you want the design to be kept secret, you must request this in your application.
A designer is always a natural person
If you want a company to apply and be listed as the holder of a design, you as the creator need to transfer the right to the company. This does not apply if it is your own sole proprietorship that is the applicant.
If you want to register a design that somebody else has created, you need to send in a transfer document that states that the designer transfers the right to the design to you.
Official designation require permission
A design may only contain national symbols, flags or municipal coats of arms if you have special permission to use them.
Somebody else’s right requires permission
If the design contains anyone else’s company name, trademark, portrait, surname, artist name or another copyright-protected work, you must have permission to use them.
Must comply with rules and laws
A design may not conflict with law, ordinance, generally accepted practice or public order.
Requirements on submitted documents
Here, you can read about the requirements we set on your submitted documents in design matters.