NLO Shieldmark: designs

What is a design?

A design is about the external features of a product or image (production). Design right is meant to ensure the careful protection of these features. To qualify for protection, a design must be new and vary from whatever has already been published on the market (the so-called individual character).

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Availability search

To determine the validity of your design in advance, we will need to verify whether identical or similar designs have already been registered, for instance in the Benelux Register or perhaps the European Register. More about 'availability search'.

Registration

Provided you have registered your design you will be able to easily oppose to other parties who are imitating or largely copying your product. Only registered designs will qualify for protection. You may submit a request for design registration in the country in which you wish to have your design protected.

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Infringement advice

Having registered your design you will obviously want to be able to oppose to parties who are copying your design. The conditions that determine whether a design can be considered valid are basically the same conditions that determine whether another design should be considered to be an infringing design.

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Cancellations advice

A design must be new and bear a individual character. Nevertheless, the official authorities in the Benelux and the EU do not evaluate applications on the basis of these aspects. This means that sometimes designs are registered that are not entirely new. These designs are invalid, which basically means they are considered to never have existed.

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