A registered Community Design (RCD) is a monopoly right that will provide the proprietor with exclusive rights to make, use, sell, import and export any product embodying the design.
The design is defined by Article 3 of the Design Regulation defines designs in that it protects “the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation” (Article 3(a)).
Once registered, an RCD gives exclusive rights of use for up to 25 years (provided it is renewed every 5 years).
Registering a community design will not only expand the intellectual property for a business but it will also provide the owner with heightened protection over the design of a product in the sense that it could prevent any unauthorised individuals from using it.
How to register your design
To file a design in the EU, you are required to file for a European Community Design (RCD) application via the European Intellectual Property Office. Once registered, you will be granted protection for the design in the 26 member states. Alternatively, here at Lawdit the experts can file your design for you – hassle free!
To be valid for registration a design is required to:
- ‘Be new’ – this means the design must differ from prior registered designs and not have been disclosed anywhere previously or have any connection to an existing design
- Posses individual character – to sum up, your design must create a different impression from prior designs
- Not contain the use of protected emblems or flags
- Be inoffensive
Deciding on where to have your design registered is largely dependent on your personal business goals however, its registration will contribute significantly to your assets and intellectual property as a whole all whilst giving you heightened protection.
If you have any questions relating to registering your design, contact Lawdit Solicitors today.