Filing and Prosecution

The process of obtaining registered design protection involves filing and prosecuting your registered design application at the regional and national offices around the world that oversee design registration for their respective territories.

At GJE, we have many years of experience filing and prosecuting registered design applications at both the EUIPO, the regional office handling registered designs in the European Union, and the UKIPO, the office which handles registered designs in the UK. Further afield, we have built up an extensive network of local attorneys in other countries whom we instruct, on behalf of our clients, to file registered designs in their respective jurisdictions and also who provide us with specialist local advice.

Each of the UK and EU systems provide for a maximum of seven representations to be filed in relation to each design. Essentially one embodiment of a product may be protected for each design filed. This contrasts somewhat with how designs are protected in some other countries, in particular where multiple embodiments may be protected within a single design. The UK and EU systems each provide for the filing of a “multiple” design application. In each case an unlimited number of designs can be filed within a multiple application, this multiple application being effectively a bundle of single designs originating from the same owner(s) and filed together. The benefit is a significant reduction in the respective official fees. The UK official fees structure represents particularly good value, providing some of the lowest official fees in any country globally.

Once a registered design application has been filed, it is examined to ensure that registered design protection may be granted. Unlike in some countries, the UK and EU registered design systems do not include a substantive examination of the designs. The examination procedures are restricted to assessing whether various formalities have been met. Where the respective office believes that there are one or more problems with a design application, they will issue a communication setting out their objections and delaying registration of the design.

Our experience in handling registered design applications and our deep understanding of design law helps us put design applications in the best possible form upon filing to ensure that objections to the application are rare and help you get your design protected as quickly as possible. However, when objections are raised, you can rest safe in the knowledge that we have the expertise required to ensure that the issues are resolved swiftly and with the best possible outcome for you. As such we are able to effect the filing and grant of registered designs very quickly, normally without running into any formalities problems for UK or EU registered designs.

For more information on how GJE can help you with your registered design filing and prosecution, please contact any member of our designs team. View our designs team here by filtering by service.

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