A Comprehensive Guide to Registered Designs in the UK

Design innovation is a driving force behind many successful products. From the instantly recognisable shape of a Coca-Cola bottle to the sleek aesthetics of an iPhone, the way a product looks can be just as important as how it functions. In today’s competitive market, businesses must protect their distinctive product designs to maintain an edge.

One of the most effective ways to safeguard a product’s appearance in the UK is through registered design rights. Registering a design gives businesses exclusive rights, ensuring competitors cannot legally copy or replicate their unique visual identity. This guide explores the significance of registered designs, the application process, the differences between registered and unregistered designs, and how UK protections compare to those in the EU and US. It also provides insights into famous registered designs and clarifies how trade marks and registered designs differ.

What is a Registered Design?

A registered design provides legal protection for the aesthetic aspects of a product, ensuring that its unique visual characteristics cannot be used by others without permission. It covers various elements, including:

• Appearance: The overall look and feel of the product.
• Physical Shape: The three-dimensional form that distinguishes it from others.
• Configuration: How different components are arranged or interact within the product.
• Decoration: The ornamental details, such as patterns, textures, or colours applied to the design.

Registering a design grants the owner exclusive rights for up to 25 years (renewable every five years), ensuring that others cannot copy or commercially exploit the design without authorisation. Unlike unregistered design rights, which offer more limited protection, a registered design provides strong legal grounds for enforcement in cases of infringement.

Why Are Registered Designs Important?

A registered design is a powerful tool for businesses looking to protect their creative investments. Here’s why securing this intellectual property is crucial:

1. Exclusive Rights and Competitive Advantage

A registered design provides a clear legal claim to ownership, meaning no competitor can legally produce, sell, or distribute a product that closely resembles yours. This exclusivity prevents copycats and strengthens your market position.

Registering a design can be a tactical solution as designs do not have the NICE classification system that trade marks do and as a consequence this means that you have potentially wider protection.  Additionally, the registration time in the UK is quicker for registered designs than it is for trade marks.

2. Enhancing Brand Recognition

Design plays a crucial role in brand identity. Many consumers instantly recognise a product by its shape or aesthetic features alone. Registering a design ensures that your brand’s distinctiveness remains intact and prevents others from capitalising on your reputation.

3. Increasing Business Value

Intellectual property, including registered designs, adds tangible value to a business. It can be leveraged for licensing agreements, partnerships, or sales, offering potential revenue streams beyond direct product sales. Investors and potential buyers often view a strong IP portfolio as a sign of a well-protected and innovative business.  Major High Street Banks, such as Natwest are now lending against intangible assets such as Intellectual Property (IP) so it is possible that a direct monetary value can be attributed to registered designs.

4. Stronger Legal Protection Against Infringement

If a dispute arises, a registered design provides definitive proof of ownership, making enforcement much more straightforward. Without registration, proving that another business copied your design can be challenging, requiring additional evidence of originality and unauthorised replication.

What Can Be Registered as a Design?

To qualify for registration in the UK, a design must meet the following criteria:

• Novelty: The design must be new and not identical to any existing, publicly disclosed design.
• Individual Character: It must create a different overall impression from any previously registered design.
• Non-functional Features: The design must not be dictated purely by function (i.e., it must have aesthetic elements rather than being solely utilitarian).
• Public Policy Compliance: The design must not contain offensive or inappropriate content.

Certain designs, such as those dictated entirely by function, may not be eligible for registration. For example, the design of a key that can only work in a specific lock is considered functional rather than aesthetic and would not qualify for protection.

How to Register a Design in the UK

The process of registering a design in the UK follows these key steps:

1. Prepare the Design for Registration
   • Ensure high-quality images or drawings accurately depict the design.
   • Capture all angles and perspectives to illustrate the design fully.
2. Submit an Application to the UK Intellectual Property Office (UKIPO)
   • Include clear representations of the design.
   • Provide a brief description and applicant details.
   • Applications can be submitted online or via paper.
3. Formal Examination
   • The UKIPO assesses the application for compliance with formalities but does not examine novelty.
4. Publication and Registration
   • Once accepted, the design is published in the UK Design Journal unless deferred (for up to 12 months).
5. Renewal and Maintenance
   • Registered designs last for an initial five years and can be renewed every five years up to a maximum of 25 years.

Registered vs. Unregistered Designs

Registered Designs

✔ Provide up to 25 years of protection.
✔ Offer strong legal protection with proof of ownership.
✔ Cover both intentional and unintentional infringement.
✔ Can be used to leverage finance.
✔ Can be licensed to produce an income

Unregistered Designs

✖ Protection lasts only 10 years from first public disclosure.
✖ Requires proof that copying has occurred.
✖ Does not cover independent creation or accidental copying
✖ Cannot leverage finance against
✖ Cannot be licensed

Trade Marks vs. Registered Designs (Including 3D Trade Marks)

A trade mark protects signs, words, logos, and other identifiers used to distinguish a brand, while a registered design protects the visual appearance of a product itself.

3D Trade Marks

In some cases, product shapes can be registered as three-dimensional trade marks rather than (or in addition to) a registered design. This applies when the shape of a product itself is distinctive enough to function as a trade mark, such as the Coca-Cola bottle or Toblerone’s triangular chocolate bar. However, obtaining a 3D trade mark is often challenging, as the shape must be inherently distinctive.  Tony’s Chocoloney’s chocolate bars which are famously unevenly divided to represent the cocoa industry is an example of a 3D trade mark.

Famous Registered Designs

Many iconic products owe their unique appearance to registered design protection. Here are five well-known examples:

1. Dyson’s Vacuum Cleaner Design
   • The bagless vacuum cleaner design revolutionised the industry and remains legally protected.
2. Coca-Cola Bottle
   • The contoured glass bottle was registered as a design and later as a 3D trade mark.
3. iPhone Design
   • Apple’s minimalist smartphone shape has been at the centre of major design infringement lawsuits.
4. Lego Minifigure
   • The distinctive design of Lego’s minifigures is a registered design.
5. Christian Louboutin Red Sole Shoes
   • The signature red sole is protected as a registered design and a trade mark in certain regions.

To view registered design images, you can search the UKIPO or EUIPO design databases, or visit the official sites of companies like Apple, Dyson, or Coca-Cola, where their registered designs are often showcased.

The UK design rights system is similar but not identical to the EU’s, especially after Brexit. While the UK previously followed the EU’s design system, it now operates independently. The UK aligns closely with the EU in terms of registered design protection, but there are differences in unregistered design rights. Post-Brexit, businesses must apply separately for UK and EU registered designs, but the Hague System offers a streamlined option for international protection.

Comparing Design Rights: EU vs. the US

Design protection plays a crucial role in safeguarding the visual identity of products. While both the EU and the US offer legal frameworks for design rights, there are significant differences in the criteria, application processes, and duration of protection.

Key Differences in Design Protection

In the EU, a Community Registered Design (CRD) protects the appearance of a product. To qualify, the design must be new, have individual character, and not be dictated solely by its technical function. A design is considered to have “individual character” if it creates a different overall impression on an informed user compared to earlier designs.

In contrast, the US design patent system protects any new, original, and ornamental design applied to a manufactured product. To be eligible, a design must be non-functional and non-obvious. Because of these requirements, more designs generally qualify for protection in Europe than in the US. For example, graphical user interfaces (GUIs) can only be protected in the US if displayed on an electronic screen, whereas in the EU, GUIs, computer icons, typefaces, and even non-physical designs such as cartoon characters can be registered.

Duration and Renewal of Protection

A CRD initially lasts for five years from the filing date, with the option to renew every five years up to a maximum of 25 years.

A US design patent is valid for 15 years from the grant date, with no renewal fees required.

Both jurisdictions offer a grace period allowing a design to be disclosed publicly within 12 months before filing without affecting its eligibility. Additionally, applicants have six months to claim priority from an earlier design application.

Application Process and Costs

The US Patent and Trademark Office (USPTO) has strict drawing requirements and conducts a detailed examination of applications, which typically takes 14-18 months. The design is only published once the patent is granted.

In contrast, the EU Intellectual Property Office (EUIPO) only performs a formalities check, meaning applications are processed faster. Applicants can also defer publication for up to 30 months to keep the design confidential before launching a product. However, if no deferment is requested, publication happens shortly after approval—sometimes on the same day the application is filed—so timing must be carefully planned.

In terms of cost, CRDs are usually cheaper and easier to obtain than US design patents. Both EU and US designs can also be obtained via the Hague System for International Design Registration, which often provides a more cost-effective approach for businesses operating in multiple jurisdictions.

Unregistered Design Protection

The EU offers unregistered design rights, which last for three years from the date the design is first publicly disclosed within the EU. This provides automatic protection against copying, though it does not offer the same level of security as a registered design.

The US has no equivalent unregistered design protection, meaning businesses seeking design protection must rely on trademark or copyright law instead. However, registered designs provide stronger, more enforceable rights, making them the preferred option where possible.

Final Thoughts

While both the EU and US offer strong design protection, their approaches differ in terms of eligibility criteria, application procedures, and costs. European design protection tends to be more flexible, with a broader scope of what can be registered and a faster, more affordable process. The US system, on the other hand, provides a longer duration of protection but involves more stringent examination and higher costs.

For businesses looking to protect their designs internationally, understanding these key differences is essential to making informed decisions about where and how to register their intellectual property.

Comparison of Design Rights: EU vs UK vs US

Conclusion

Registering a design is a vital step in protecting a product’s unique appearance. Whether you’re a start-up developing an innovative product or an established company maintaining brand consistency, registered design rights provide robust legal protection and commercial advantages.

If you want expert guidance on registering your designs, the National Business Register is here to help. Contact us for tailored advice and assistance in securing your intellectual property by emailing info@nbrg.co.uk or by calling 0800 069 9090.