Designs

Death of Her Majesty Queen Elizabeth II

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Death of Her Majesty Queen Elizabeth II

The staff at Franks & Co were saddened to learn of the death of Her Majesty Queen Elizabeth II. Our thoughts are with His Majesty King Charles III and the rest of the Royal Family.

The United Kingdom is now officially in a period of mourning until after the Queen’s state funeral which is to be held on Monday 19 September. Normal day-to-day business will continue throughout this period.

The UK government has declared the day of the funeral to be a national Bank Holiday, so the United Kingdom Intellectual Property Office will be closed on Monday 19 September.

The United Kingdom Intellectual Property Office’s official guidance on bank holidays is given below:

The office is deemed to be closed on weekends, Good Friday, Christmas Day and all England and Wales bank holidays for all types of business, except for the filing of new applications not claiming priority. If documents are filed for these types of business at times when the office is deemed to be closed, they will receive an official filing date of the next working day.

Any official time period which expires on a weekend or any other day on which the office is closed is extended to the next working day.

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Designs protect the shape and appearance of a range of products ranging from artistic works such as sculptures, industrial products, fashion items, consumer goods, automotive components, furniture, building structures, clothing items, and packaging.

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Design blueprints

Almost any product which incorporates some element of original design is potentially protectable by designs law.

Although most countries of the world have a protection regime for dealing with industrial or commercial consumer designs, in general, design law is not unified across different countries of the world.

In Europe, design rights can be divided into two categories: Unregistered rights, where there is no official registration system, and Registered rights, where the rights are registered with a national patent office or regional industrial property office.

In general, unregistered rights grant a lower degree of protection with a higher burden of proof for enforcement, compared with registered rights. Therefore, even where unregistered rights exist it is almost always advisable to apply to register a design, to achieve a stronger form of right, for a longer duration.

In Europe, there are some exceptions as to what can be protected by design rights. These exceptions center around features of design which are intended to match or fit other commercial products, or which are dictated solely by their function.

Generally, the scope of design right is judged relative to other previously known designs in the same design field. Consequently, where a new design is a significant departure from previous designs, a relatively wider scope of protection can be expected than where a design is an incremental improvement over a large body previously existing designs. Nevertheless, even in congested design field such as the design of sanitary fittings, taps, faucets and the like, it is still possible for innovative designers to build up a formidable portfolio of registered and unregistered design rights to establish a strong intellectual property position in the market place, at reasonable cost.

Experts in Designs

Robert B Franks Robert B Franks

Chartered & European Patent Attorney and Chartered Trade Mark Attorney
E : robert.franks@franksco.com
T : +44 (0)114 249 9888

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Abdulmalik Lawal Abdulmalik Lawal

Chartered Patent & Trade Mark Attorney and European Patent Attorney
E : abdulmalik.lawal@franksco.com
T : +44 (0)114 249 9888

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Jon Banford Jon Banford

Chartered & European Patent Attorney and Chartered Trade Mark Attorney
E : jon.banford@franksco.com
T : +44 (0)1604 632 436

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Georgina Bagnall Georgina Bagnall

Patent and Trade Mark Representative
E : georgina.bagnall@franksco.com
T : +44 (0)114 249 9888

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Abigail Welford Abigail Welford

Chartered & European Patent Attorney and Chartered Trade Mark Attorney
E : abigail.welford@franksco.com
T : +44 (0)114 249 9888

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Kate Hilton-Balfe Kate Hilton-Balfe

Patent and Trade Mark Representative
E : kate.hilton-balfe@franksco.com
T : +44 (0)161 820 2891

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Community Registered Designs

Community Registered Designs

Community Registered Designs are obtained by making an application to the

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The Hague System

The Hague System

The Hague agreement provides a means of gaining international protection

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Individual National Designs

Individual National Designs

Many countries have design registration systems similar to that of the UK.

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UK Registered Designs

UK Registered Designs

A UK registered design is a right available by application at the UK

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UK Design Right

UK Design Right

UK design right is an unregistered right which has its basis in the 1988

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Unregistered Community Designs

Unregistered Community Designs

Similar criteria for subsistence apply to unregistered Community designs

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