In the UK, design rights protect the appearance of a product, including its shape, colour, texture, and configuration, while trade marks protect brand identifiers such as names, logos, slogans, and sounds; both exist in registered and unregistered forms, but registration provides significantly stronger protection.
United KingdomIntellectual Property
Summary
- In the UK, design rights protect the appearance of a product, including its shape, colour, texture, and configuration, while trade marks protect brand identifiers such as names, logos, slogans, and sounds; both exist in registered and unregistered forms, but registration provides significantly stronger protection.
- Unregistered design rights arise automatically upon publication and last up to 15 years; unregistered trade mark protection requires the mark to have acquired a public reputation and is enforced through passing off proceedings, which are harder to establish than a registered trade mark infringement claim.
- Registered design rights can be renewed every five years for a maximum of 25 years, while trade marks can be renewed every ten years indefinitely; filing fees start from £60 for design rights and £205 for trade marks, with trade mark applications typically taking around four months to process.
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