How to know if you are eligible for design rights"
Here are some specifications that will help you know if you are eligible for design rights.
1. Your mark or design must be unique, novel, and have individual characteristics
2. The design must not be too similar in likeness to another design that is registered already.
3. This design cannot have been one that someone else tried to register at an earlier time.
4. It cannot be a design that someone else is already using for his or her purposes.
5. You need a design that is your design specifically.
6. If you were commissioned to create the design, the person who was your employer owns the design.
|
|
Protection of your designs is imperative in the fact that other people can use a design that is not protected for their use and benefit and therefore, you would lose the uniqueness, and may also be associated with the other user of the design.
There is a difference between an unregistered design right and a registered design right.
Unregistered design rights
The protection of the design that is unregistered is protected from others using the shape or configuration of a specific design, and it is also used in order to prevent unauthorized copying the design.
There is a limit of time with the protection that is provided in the use of an unregistered design. There is a ten-year time frame of protection. During the last five years with royalties in place, anyone can use the design.
There is no protection of monopoly rights.
Registered design rights
Registered design rights enjoy the similar protection as the unregistered design rights, however it is for a much longer period of time.
A registered design provides a monopoly of the design as an entirety or in part.
If the fees are paid every five years, the design right that is registered will last up to 25 years in most cases.
The reason it is so important that a design is registered, is because it gives you specific rights and protections. Here is a list of the benefits that you will receive.
You are able to negotiate the price you want for your design
A design that is registered will be able to be bought, sold and duplicated by the owner of the design.
There is a priority set on that design above other designs
If there is a security in knowing that someone else will not come in and take your design and then cause a loss due to a devalued design.
The design registration grants a statutory right that though is subject to certain conditions, will prevent others from lawfully using, distributing, replicating etc the design.
With these benefits the steps to take to protect your design is not only within your rights, but it is also easy to do. Here are the steps to protecting your design.
The time frame that it can take for a design to be approved for protection is around 4-12 months from the time that the application is received. Simply starting the process online can shorten this time. This link can take you to where you start the process. http://www.uspto.gov/
The fees may vary however the payment options are very convenient. The process will take a small amount of time to complete and then you are on your way to protecting your design. This is all within your rights of design protection as long as the design is your own.
