Design right registration

A design is a two- or three-dimensional object, which is new (it may not yet be known on the date of design registration), has an individual character (it may not resemble an already known design) and is not determined by technology. It is therefore only a matter of external characteristics of the object, determined by colour, shape, material, etc. The technical functioning of the object is protected by a patent and therefore does not fall under the design right.

Below, we would like to take you through the steps that have to be taken in order to obtain a design right by registering the design. These can also be found on the website of the Benelux Office for Intellectual Property (BOIP).

  1. The design must have a new and individual character, as briefly explained above. The Benelux Designs Register publishes all designs of the Benelux, so that it can be checked whether a design already exists that is equal to, or very similar to, the 'new' design. It is also possible to search the literature or the internet to see whether the design actually has a new and individual character.
  2. Subsequently, registration with the BOIP can begin, with which a design can be registered in Belgium, the Netherlands and Luxembourg.
  3. After that, the formal requirements must be checked. Make sure that the images clearly show the characteristic features, that you add enough images, that you clearly state what the design is, that the name of the depositor is mentioned, that the design is not contrary to public order and morality and that the costs are paid on time (within one month after filing the application). If desired, you can also apply for a deferment of publication of the design. All these requirements must be met on the date of the application.
  4. Once you have completed all the steps, you may proceed to apply for design registration. This can be done online or on paper.

Need help?

Legal Q's legal experts will be happy to assist you with the application for design rights. Together we can ensure that the design right on your design is registered quickly and correctly. Feel free to contact us to see what we can do for you!



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