Considerations before filing an RCD application

Preliminary investigations

As a European design application is not examined on absolute grounds against earlier design rights, it is strongly recommended to perform some preliminary investigations before the application is filed. This to find out if there are any similar designs already on the market, as such designs may be used to claim the invalidation of your registered design or even to accuse you of infringement. Design investigations is usually performed within the relevant trade channels, on the internet and in design databases.

Deferred publication

After approval for registration, the European design application may be subject to deferment of publication. The maximum duration of deferment is 30 months from the date of filing the application or from the date of the earliest priority claimed. This period of confidentiality allows the design applicant an opportunity to further develop his marketing strategy or to finalize the preparations for production without competitors being aware of the design. The request for deferment of a European design must be made upon making the application.

Please be welcome to contact us at Mind The Mark to discuss European design registration or other design issues. We are very experienced in all aspects of RCD filing and enforcement, and we will always give you a cost-free quotation and a first assessment of the legal strength of your design.