Anna seeks design protection for the helmet's appearance
Design protection secures the rights to the appearance and shape of a product. In this story, we follow Anna who has developed a new helmet. She then wants to protect the helmet's special design. To obtain exclusive rights, the design must be new and have an individual character.
Did you know that?
Your design must be completely new to obtain design protection. If you display your design publicly before submitting your application, it may result in you losing your rights. However, the Design Act gives you up to 12 months to apply in Norway, as long as you yourself have made the design known.
Here's how Anna goes about protecting the helmet's design:
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Investigating databases: Anna investigates whether there are similar designs that have already been registered or have been applied for registration – in Norway and in international databases.
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Preparation of photos and description: Anna takes clear photos of the helmet from multiple angles .
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IP advisor (optional): An IP advisor can help Anna design the application and advise on the number of images, angles, etc.
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Application: Anna submits an application for design rights for the appearance of the helmet.
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Processing time: If everything is in order, the helmet design will be registered within 2–3 months.
Cost overview - Norwegian application
To apply for design registration in Norway, Anna must pay a fee. The basic price for one design is 2,470 kroner.
Using an IP advisor is optional, but can be useful, especially if she is considering applying in multiple countries.
Did you know that?
- If Anna's helmet consists of several parts, for example if she mounts a visor, the helmet with visor is considered one design, and the helmet and visor separately are considered two separate designs.
- If Anna makes the helmet in several different colors, each color is considered a separate design. She can then consider registering the design in black and white.
- If the helmet is produced with different patterns, each pattern is a separate design.
Anna seeks design protection in several countries
After obtaining design registration in Norway, Anna is considering extending the protection to other markets. She wants to protect the design in Germany, Italy, Spain, France, Portugal, Sweden, Denmark, Finland, the UK, Australia, New Zealand, the US and Canada. The helmet will be manufactured in China, so she wants to protect her design there as well.
Get professional help if necessary
An IP advisor can help you navigate the regulations. There may be different rules in different countries, especially if you are applying in the US or China.
This is how Anna proceeds:
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IP advisor (optional): An IP advisor helps Anna with both strategy and the application process itself. The IP advisor checks whether there are obstacles in the various markets. Furthermore, an IP advisor will help Anna with the formal requirements for the application in the relevant countries.
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International design protection: Anna can register the helmet's design internationally through WIPO (World Intellectual Property Organization), where you can apply for protection in over 90 countries. Australia and New Zealand are not included in this scheme, so Anna must apply directly here.
Think internationally from the start
When applying for design protection, it is up to the applicant to ensure that there are no similar designs already in existence - both in Norway and in other countries.
Tip: In addition to the Norwegian Industrial Property Office's design register , it is a good idea to check databases such as DesignView and the WIPO Global Design Database to see if there are similar designs registered in other countries.
Cost overview - international application
Applying to multiple countries via WIPO costs approximately NOK 35,000. Since Anna must apply directly to Australia and New Zealand, there is an additional NOK 1,500 for each of these countries.
She uses WIPO's calculator to estimate the costs of applying for design registration through the Hague System. The calculator allows Anna to easily set up a budget and gives her an overview of what design registration costs in the different countries. She also sees which countries she must apply in outside the Hague System.
Explore multiple paths to international design protection
In some countries you may need to make special adjustments to your application. It may therefore be appropriate to apply directly to each individual country.
