Where and how long is a design right valid?

Period of validity and geographic protection

Once we have established that your design is sufficiently novel and original, we can register it. It is important to know that design rights only offer protection for a limited period and within specific geographical areas.

Discuss your design protection

Renewal is required

A design right can be valid for a maximum of 25 years in the European Union, provided it is renewed every five years. This allows designers to protect their design for long periods, as long as they renew the registration on time.

Design protection is territorial

Protection only applies in the countries where the design is registered. A design registered in the EU, for example, is not protected in the United States or China unless you also register it there.

In short

✔ Standard term of 5 years, renewable up to 25 years
✔ The design must be renewed regularly.
✔ Protection applies only in the territories where it is registered.

You can count on Oryon, from search to renewal

We monitor your design rights. You can count on our experts for the entire process, from searches to renewal and maintenance:

$

IP-scan

Strategic intellectual property advice

$

Design Search

Identification of potential conflicts with existing models

$

Applicant Watch

Monitoring trademark applications filed by selected companies

$

Registration, monitoring and renewal

We register your model and arrange for a temporary extension.

Discuss whether your design qualifies for protection

During an exploratory meeting, we look at the possibilities together.

Schedule a meeting

News, client cases
and articles

To the news overview

Op elke IE-vraag een helder antwoord

What is a Design Search?

A Design Search Service helps identify potential conflicts with existing designs by using advanced search criteria. This service provides extensive insights into existing design registrations and helps you position your design safely.

Advantages:

  • Insight: Identify existing designs that may cause conflicts.
  • Advanced search criteria: Use specific search methods to obtain relevant results.
  • Risk reduction: Avoid time‑consuming legal disputes through proactive searches.
What is an Applicant Watch Service for designs?

An Applicant Watch Service is a monitoring service that keeps you informed about design applications filed by a specific company or competitor. This service allows you to track design filings in the Benelux, Europe or worldwide and helps you stay ahead of the competition and make strategic business decisions.

Advantages:

  • Up-to-date information: Receive regular updates on design applications filed by competitors or relevant companies.
  • Competitive advantage: Monitor competitor activity and respond proactively.
  • Strategic insights: Gain valuable insights into design strategies and market positioning.
  • Risk management: identify potential conflicts with your own designs and take action in good time.
How can I protect my design?

You can do so by registering the design rights. A registered design right offers protection for a definite period and in specific geographic areas. A design right can be valid for a maximum of 25 years in the European Union, provided it is renewed every five years. This allows designers to maintain long‑term protection as long as the registration is renewed in good time.

Design protection only applies in the countries where the design is registered. A design registered in the EU, for example, does not offer protection in the United States or China unless a separate registration is made there.

What is a design right and what is it used for?

Design right is an intellectual property right that protects the appearance of a product, such as the shape, pattern or colour of an object. The main purpose of a design right is to protect designers and companies against counterfeiting and copies of their unique designs.

Design rights are often used in sectors such as fashion, furniture, jewellery and consumer products. Examples include the shape of a chair, a unique textile pattern or the specific design of packaging. Companies register their designs to ensure that competitors cannot reproduce them.

The protection applies only to the appearance of a product, not to its technical functions. It is important the design is novel and original to qualify for protection.

How does the design registration procedure work?

A design registration procedure begins with filing an application with a competent authority, such as the European Union Intellectual Property Office (EUIPO) or a national authority. The application must contain a clear description and images of the design.

The registration procedure comprises the following steps:

  1. Preparation of the design: Ensure that your design is novel and original.
  2. Filing the application: File your application with the relevant authority.
  3. Payment of fees: Pay the required registration fees.
  4. Assessment: The authority assesses whether the design meets the requirements.
  5. Registration and publication: If the design is approved, it is registered and published.

The application procedure can take several weeks to months, depending on the authority and the country where the registration takes place.

Does protection for unregistered designs also exist?

Protection for unregistered designs also exists. This protection is granted automatically when a new design is made public for the first time within the European Union. However, the protection for unregistered designs is limited in time and scope. It offers protection for a maximum of three years and applies only for direct copies.

Advantages:

  • No registration required.
  • Immediate protection upon disclosure.

Disadvantages:

  • Shorter protection period.
  • Less extensive protection than registered designs.
To FAQ overview