How can I protect a design?
What is designregistration?
A design registration (Ⓓ) will give you a tangible proof that you hold the rights to the appearance of your product. This can make it easier to stop unlawful imitations and give you a valuable competitive advantage in the market. A design registration grants you exclusive rights to designs that create the same overall impression as your design. You can apply for design registration with the Norwegian Industrial Property Office.
Design right vs. copyright – what protects your product?
Design rights protect the visual appearance of a product and must be registered.
Copyright protects creative works like text and images, and arises automatically when the work is original.
Both can be used to protect different aspects of the same product.
What can I register as a design?
You can, among other things, obtain design protection for:
all types of physical objects from buildings to toothbrushes, cars, clothing,
packaging and furniture parts of an object, such as the head of a toothbrush, the armrest of a chair or the handle on a cup screens and icons for computer
screens animations, such as icons for computer screens which show a repeated movement
typographical fonts
graphical symbols and logos
the pattern on a serviette or fabric (ornamentation)
an interior arrangement, such as a cafe interior or display window
an exterior arrangement, such as a park
Conditions for a valid design registration
The design must be new and give a different overall impression from designs that are already known
Technical solutions cannot be protected through design registration (these may instead be protected by a patent)
You may display or sell your product for up to 12 months before applying. This is known as a 'grace period'. During this period, however, you do not have design protection, and others may in principle copy your design.
The 'grace period' applies in Norway and in some other countries, including the EU and the USA. The rules may vary from country to country, so you should check what applies in the jurisdictions where you seek protection.
What is the duration of a design registration?
A design registration is valid for five years from the date on which you submit your application, and it can be renewed every five years for up to 25 years. Spare parts, which are used to repair a product in order to restore its original appearance, can only be registered for five years and cannot be renewed. You can introduce your product to the market up to 12 months prior to submitting your application, but your design will not be protected in this period.
Before you apply for design registration
If you are not confident that your design is unique and if it gives a different overall impression, you can check the design register with the Norwegian Industrial Property Office and in international databases.
How to apply for a design registration?
To apply for design registration, you submit the application to the Norwegian Industrial Property Office via Altinn. You must pay an application fee before your application can be processed.
Appealing against other parties' designs
If you believe that the Norwegian Industrial Property Office has registered a design that is not new and/or does not have individual character, you can request that the Industrial Property Office to delete the registration concerned. If you believe that your right to use the design is stronger than that of the party that is listed as applicant or holder, you can ask for the right to be transferred to you. In such a case, you must submit a request for an administrative review to the Norwegian Industrial Property Office and document your claims.
The Norwegian Industrial Property Office will be able to tell you about the relevant conditions, appeal deadlines and procedures.
The Norwegian Industrial Property Office offers various courses on how to protect your assets through patent, trademark- and design rights. Most of the courses are free, and many of them are streamed online. You can also watch videos and recordings of previous courses and webinars – completely free of charge.