{"id":178457,"date":"2022-11-17T19:24:21","date_gmt":"2022-11-17T19:24:21","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=178457"},"modified":"2022-11-22T22:45:57","modified_gmt":"2022-11-22T22:45:57","slug":"the-benefit-of-combining-design-and-trade-mark-protection","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/intellectual-property\/the-benefit-of-combining-design-and-trade-mark-protection\/","title":{"rendered":"The Benefit of Combining Design and Trade Mark Protection in the UK"},"content":{"rendered":"

If you own a business, there is a good chance you may have both trade marks and designs you want to protect. Combining different forms of intellectual property rights can be an effective way to protect your designs and also your brand identity. This article will distinguish between design rights and trade marks. It will then discuss the benefit of combining design and trade mark protection.\u00a0<\/span><\/p>\n

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What Are Design Rights?<\/span><\/h2>\n

Design rights<\/span><\/a> protect a product’s visual appearance, including its shape, colour and configuration. In effect, where you obtain design rights over a product, the law restricts the use of its colours, shapes, textures, and materials. You do not need to register design rights to obtain legal protection. However, you obtain automatic protection by registering your design rights with the Intellectual Property Office (IPO)<\/span>. You can therefore sue anyone using the design without your permission without having to establish ownership.\u00a0<\/span><\/p>\n

To register a design, you must demonstrate to the IPO that your design is individual in character and new to the market. You can register a single aspect of your design provided you highlight this. Design rights exist for up to 25 years and must be renewed every 5 years. During this time, you will hold exclusive rights to the registered design. As a result, no other organisation or individual can use it without your consent.<\/span><\/p>\n

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What Are Trade Marks?<\/span><\/h2>\n

A trade mark<\/span><\/a> is an identifier of your business or brand and distinguishes your particular goods or services within your area of trade. They can form any combination of words, slogans, colours, logos, symbols, and sounds.\u00a0<\/span><\/p>\n

Like design rights, you do not need to register a trade mark with the IPO to benefit from certain protections. However, registration grants you stronger protection over your trade marks. Registered trade marks must be unique and cannot resemble trade marks already registered with the IPO.\u00a0<\/span><\/p>\n

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