Furniture design plays a crucial role in our daily lives, combining aesthetics with functionality. Every chair or desk is designed with comfort and style in mind. In an era of increasing competition and easily accessible replica markets, protecting a unique appearance is key to maintaining a competitive edge. Why is it worth protecting furniture design with a patent office? To prevent others from copying your distinctive style too closely. A style that boosts sales.
What does this formal registration involve?
Protection of furniture design refers to the process of registering an industrial design with the Patent Office. This concerns not functionality, but the unique appearance of the product, its shape, ornamentation, or other visual features.
Registering a design can bring significant benefits, including increasing brand value, protection against unfair competition, and the possibility of generating licensing income. However, the key to this strategy is to submit the application at the right time. More precisely, within 12 months of the first sale.
What is most commonly registered for protection?
The types of industrial designs in the furniture industry that are registered with the patent office cover a wide range of products. All share one feature – attractive design. Examples include:
• seating: various types of chairs, sofas, poufs, armchairs, bar stools, or benches;
• beds: e.g., divans, bunk beds, fold-out sofas;
• tables: different kinds of tables – dining, coffee, desks, or side tables and consoles;
• storage furniture: wardrobes, dressers, shelves, racks, display cabinets, or cabinets;
• furniture sets: e.g., living room, bedroom, or dining room sets that create a cohesive and harmonious interior look.
Practically any type of furniture that stands out with an exceptional design and meets the criteria of novelty and originality can be protected in this way.
Formal registration as protection against imitation
Registering a furniture design plays a crucial role in ensuring protection against unauthorized copying.
When a company invests in designing a unique piece of furniture, it contributes not only capital but also knowledge, research, and many hours of work. Without proper protection, competitors could easily and cheaply imitate the product, benefiting from someone else's hard work.
Thanks to the registration of an industrial design, the company has a concrete legal basis to defend its design. The rights holder can take legal action against entities that unlawfully copy their product. As a result of such proceedings, the imitator may be ordered to surrender unlawfully obtained benefits.
Moreover, a registered design acts as a strong deterrent. The fact that the product is legally protected can discourage potential imitators from attempting to copy. It is important to communicate this in your offer or packaging. In this way, protecting the appearance of the product not only safeguards the company after the fact but also helps prevent infringements.
See also:
• Refusal of trademark registration. How to defend yourself?
Financial benefits of registration
A unique and legally protected furniture design is often perceived by consumers as more valuable. As a result, customers are willing to pay more for an item they find attractive. This provides a price advantage over competitors. Consequently, the company can set a higher price, leading to larger margins and profits.
The owner of a registered industrial design can license their design to other companies. This means that these entities can produce and sell furniture based on the registered design, but only with permission and in exchange for licensing fees or a percentage of sales. This creates an additional income stream for the design owner without direct investment in production or distribution.
Unauthorized copies can harm the company not only through lost sales but also by devaluing the brand. With industrial design protection, the company has tools to fight unfair competition, helping to minimize potential financial losses.
Some furniture designs can become iconic and remain on the market for many years. Design protection ensures that the company can profit from such a design for many years without worrying about competitors copying their success.
You gain a tool to combat counterfeits
Original design, which is legally protected, becomes a unique attribute of the company. Customers seek products that are aesthetically pleasing. An industrial design registration provides the company with confidence that its products are one of a kind on the market.
A company that invests in protecting its design is often perceived as innovative and detail-oriented. Customers appreciate such an approach and are more likely to trust brands that care about intellectual property protection.
Having a certificate of protection for an industrial design in hand makes it easier to remove counterfeit products. On sales platforms like Allegro or Amazon, it is enough to report the infringement. Within a few hours, the platform removes the disputed listing. No court ruling is necessary.
Furniture design registration process
Registering a furniture design with the Patent Office is a process that requires meeting specific requirements and following proper procedures. The first step is preparing the appropriate documentation, including a detailed graphical presentation of the product. Then, you need to submit an application to the relevant office. You have the choice of
• Patent Office of the Republic of Poland (UP RP) – protection within Poland;
• European Union Intellectual Property Office (EUIPO) – protection across the EU. This is called a Community design;
• World Intellectual Property Organization (WIPO) – protection in specific countries worldwide.
After submitting the application and paying the industrial design fee, the office reviews your submission. If all criteria are met, the design will be registered.
What are the requirements for furniture design protection?
To obtain protection for a furniture design, the project must meet two key criteria:
1. Novelty: The design must not have been publicly available before. This means it cannot have been published, exhibited, or sold previously. However, there is a grace period called the novelty grace period. It means that the manufacturer or designer does not lose novelty if more than 12 months have not passed since disclosure.
2. Individual character: The design must differ from other available designs on the market. Its appearance must create a different impression than any other design publicly available before the application date.
How long does such formal protection last?
The protection of a furniture industrial design lasts for 5 years from the date of filing the application with the Patent Office. It is possible to extend the protection for subsequent periods. The maximum protection period for a design is 25 years.
What fees are associated with this?
The costs of registering a furniture design vary depending on the territory of protection and the number of design variations submitted. The basic fees include:
• registration fee,
• renewal fee,
• costs related to preparing and submitting the application, if using a patent attorney’s services.
The design protection in Poland costs 520 PLN, while in the EU, fees start from 350 euros.
It is worth noting that although initial investments may seem substantial, protecting the design brings significant financial benefits in the long run, especially if it becomes popular on the market.
Why is it worth using a patent attorney’s help?
A patent attorney is an expert in industrial design protection. Using their services, you gain:
• Confidence in the proper preparation of documentation. This is important because the strength of legal protection depends, among other things, on how well the design is presented in the application.
• Efficiency and precision: Their extensive experience helps avoid common pitfalls in the process, shortening the time to register the product with the Patent Office.
• Comprehensive support: The specialist will assist not only with registration but also advise on the best intellectual property protection strategy, ensuring a market advantage for years to come.
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