Keltie's attorneys have an unusual wealth of expertise and experience in design rights. We help clients protect their designs, exploit their rights and mitigate risks.
Design rights protect aesthetics. They can cover the appearance of a physical object, for example the shape of a chair. They can also cover the appearance of non-physical designs such as a graphic user interface or a surface pattern. Design rights can encompass any aspect of appearance: shape, colour, patterns and ornamentation, iconography, typography or combinations of these. Aesthetic is a key factor in so many consumer choices; as its significance grows, so does the value in protecting it.
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Any design that is new, or has at least some new design choices, could be protected with design rights. Filing a registered design can appear simple, but filing a good registered design with broad but robust protection is far from trivial. Enforcing or defending design rights means navigating many overlapping rights, registered and unregistered, that can vary subtly between jurisdictions. It also means navigating earlier rights that can be hard to pin-down.
When you dig below the surface, design is complex area, but at Keltie our expert intellectual property lawyers are here to help and advise you on the right protection for your creation. Our Design Group is made up of attorneys from both our Patent and Trade Mark teams who deviate significant parts of their practice to designs, meaning you get a wealth of experience, a blend of perspectives, and the best advice from our highly qualified professionals.
Registered design rights can be obtained for a design that is ‘new’ (meaning it differs from previous designs) and that creates a ‘different overall impression’ on an end user.
Once an EU or UK design is registered, it gives its owner a 25-year monopoly right to prevent another party from using it. Importantly, it allows the user to prevent infringements regardless of whether the other party has copied the design for the owner, or developed the design independently.
Unregistered design rights are short-term rights that arise without the creator having to take any specific action. They come into effect and exist automatically when you have created something. This means that no formal registration process is necessary.
However, unregistered design rights do not give the creator a monopoly right over a design in the same way that a registered design does.These rights give you, as a creator, a means to prevent the copying of your work without permission, but not to prevent someone who has come up with the design independently. To enforce rights you will generally need to prove that you were the original creator of the design, and that it has been copied from you.
To make good use of unregistered design rights, proper documentation is important. If you think you might want to make use of unregistered designs in the future, you need to ensure that you are in a position to prove exactly who created the design, and when it was created.
Developing a good registered design strategy can be complex, and doing it right requires the help of a skilled attorney. At Keltie, we approach designs differently - we are more strategic, more sophisticated, more creative, and more adaptable to your priorities.
Design rights have had a reputation as quick and simple, merely requiring the applicant to file images without much thought. With the depth of experience our design attorneys have amassed, a little strategic thought goes a very long way. We are more creative in our work to craft the scope of protection a new design requires, looking at what is key about the aesthetic, unlocking where the aesthetic value really lies, and developing a cost-effective strategy around this.
We work with your creations in mind. Your rights might need to be enforced in the future, so our work reflects the full scope of how you might want to use it. We do not simply file the paperwork, we consider what you and your business might need from the design in the future.
Keltie has also developed deep expertise in design clearance strategies, as well as providing assistance with enforcement and defense of design. Design clearance is an area that many companies, and even attorneys, struggle with: a design field can be vast, difficult to search, and difficult to assess. Our attorneys know how to extract and prioritise information from you, and from the outside world. We use sophisticated searching techniques to establish design context, commercial context and legal context, and we use this to give you the clarity and certainty you need to make commercial decisions. We add value.
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Decades of experience as attorneys, engineers and scientists in industry and research underpin the approach of our patent team. We are resolutely commercial and take time to understand your technology and your business.
Keltie’s patent attorneys are skilled not only in patent searching, but in interpreting the output of a patent search, and in helping you understand what it means for your technology and your business.
Why file a patent application? Patents can serve multiple purposes during their lifetime. They grant the owner a period to enjoy the exclusivity of their invention before others can use it. They give the owner powerful rights recognised in law to prevent infringement. But they are also valuable intellectual property which can enhance the ability of the owner to exploit their technology commercially through licensing or sale of the invention.
A key reason to invest in patent protection is to prevent others from copying your innovation. The patent system is intended to allow you, as a creator, to enjoy exclusivity around your technology for a set period of time. Patents allow you to leverage that exclusivity in order to develop your commercial position.
What is the Patent Box? Patent Box is a tax incentive scheme designed to encourage innovation within the UK. Introduced in 2013, it is a government-backed initiative whereby company profits which are derivable from patented technology are taxed at a lower rate than standard corporation tax. The system is intended to provide a strong and supportive environment for innovation within the UK.
The attorneys in our Trade Mark Group are among the leading brand protection experts in the UK and Europe. Through our associate network, we coordinate brand protection all over the world. The Group comprises multi-lingual European and UK trade mark attorneys with backgrounds in law, engineering and business. Their expertise extends through the full lifecycle, from searching and filing through to opposition and litigation, including enforcement and appeal. The Group also has vast experience in online enforcement.
Before you start using a trade mark, it is good practice to conduct a search to check that the trade mark is free to use. Conducting this type of search can be challenging because there are so many trade marks in use across many different fields of commerce. This makes it difficult for people without trade mark qualifications to navigate other brand-owners’ rights, and avoid or manage potential conflict.
How to file a trade mark The trade mark filing process can be relatively straightforward. In theory, all an applicant needs to do is access the relevant trade mark website, enter the word they wish to create a mark for, add the relevant goods and services to apply to the mark and pay the fee.
What is trade mark protection? Trade mark protection is a means of securing a monopoly right in a word, logo, shape, colour or sound that acts as an identifier of origin, allowing consumers to immediately determine the source of the goods or services offered under that particular trade mark or brand.
Keltie's attorneys have an unusual wealth of expertise and experience in design rights. We help clients protect their designs, exploit their rights and mitigate risks.
If you are launching a new product there is a risk that it will infringe third party design rights. You can reduce the likelihood of costly conflict down the line, or at least be better informed of potential risk, by conducting a design search and clearance assessment before product launch. To do this, we search for relevant earlier rights - both registered and unregistered designs - help you assess the risk these pose to you, and guide you in any action that you might take to reduce and mitigate risk.
To protect your design with a registered right, a formal application must be made to the appropriate IP office. Obtaining a design registration is relatively quick (a matter of weeks or months in the EU and UK), which can be very useful for creators because it means rights and therefore protection can be granted swiftly.
As the owner of a design right, you are able to take action against another party if they market a product that is too visually similar to yours, without your permission. If their product is identical to your design, or if it differs in some ways but the impression the consumer takes from their product matches your design, you may be able to take action.
What is online brand protection? Protecting the value of your brand online is a lot to do with reputation management. In the age of the internet and social media, brands are global, accessible and more easy to engage with than ever before. Online brand protection services from Keltie seek to protect the credibility and equity you have built within your business and include our enforcement, monitoring and detection capabilities.
What is online brand monitoring? Monitoring involves the process of observing and tracking uses of your brand online. It is a key aspect of your business’ operations to both understand your customers’ sentiment towards the brand and uncover any instances where your intellectual property rights have been infringed.
A domain name provides a platform for visibility of a brand in an online space. It is a destination address for the web traffic generated around a brand name. However, simply put, a domain is a word, and a word can be trade marked. Often, people secure a domain name first in their process of creating a new product or service. Whilst an online presence is a key part of launching a new brand, it is a mistake to think that because you own a domain name, you will be able to secure a matching trade mark. The process should work the other way around - where a domain name becomes an additional asset secured following the clearance and registration of a trade mark.
The attorneys at Keltie join forces with Customs Authorities, Border Forces and Online Enforcement Agencies to tackle infringement and counterfeiting head-on. Counterfeit goods pose a significant threat to the reputation of brands and unsuspecting consumers through a wide range of sectors.
People who work in this area
Shakeel (Shak) founded Keltie's IT, Telecoms and Electronics practice over 20 years ago and heads up a talented team who advise on patent issues regarding various areas of technology, but primarily in electronic and software technology.
Emma graduated from Imperial College London in 2009 with a master's degree in Physics, before continuing her studies in the field and at Imperial College by undertaking a PhD in the Photonics Group, followed by a year and a half as a Research Assistant. During this time her research focused on the development of high power diode pumped solid state lasers, using both end-pumped and side-pumped geometries, for use in medical and industrial applications in particular.
Philip specialises in patent matters in the fields of physics, electronics, mechanical engineering and information technology. He has particular experience in automotive engineering, together with expertise in mobile telecommunications, semiconductor devices, thermal printing technology and consumer electronics; including ink-jet and laser printers, projectors, digital cameras and LCD displays. In addition to drafting and prosecuting patent applications before the EPO and UKIPO, he also advises on the infringement and validity of UK and European patents and deals with registered designs. Philip also has experience of carrying out patent watches, freedom to operate searches and European opposition work.
Anthony entered the patent profession in 2009, initially working at a large agrochemical company, before moving into private practice in 2015. During his time in private practice, Anthony has also worked on secondment for a biotechnology company in Switzerland and an academic institute in the UK.
Joeri is a UK, Dutch and European patent attorney with more than 15 years of experience in supporting his clients’ IP needs with high quality drafting, prosecution and opposition work and sound commercial and strategic advice. He has helped many clients to use their patent portfolio for the benefit of their business or to strategically move around the competition’s IP. Joeri spent a considerable part of his career in-house at a large and innovative multinational corporation, where he developed a deep love for combine harvesters and other agricultural technology.
Eddie studied Natural Sciences at the University of Cambridge, specialising in organic and biological chemistry. Prior to specialising in chemistry, Eddie also studied materials science and physics options.
Ben's practice focuses on securing and enforcing trade mark rights in the UK and globally for many well-known clients in sectors ranging from insurance and alcoholic beverages to entertainment and retail. He has particular experience in managing worldwide searching programmes to clear trade marks for use and registration, as well as managing due diligence exercises in support of mergers and acquisitions.
Mark is an experienced patent attorney who brings a background as a mechanical engineer to bear in his work with a broad range of clients and technologies, and always enjoys getting to the heart of an invention and its importance to his client.
Having started her career in 1986 with an established trade mark and patent attorney firm, Rosemary joined David Keltie in founding David Keltie Associates, now Keltie in 1988, becoming a partner in 1994. She is a Chartered Trade Mark Attorney and Member of the Chartered Institute of Trade Mark Attorneys.
Gemma specialises in patents in the field of Mechanical and Chemical Engineering and has a wealth of experience covering a broad range of technical fields including automotive, aerospace, composites, powder metallurgy, industrial and medical gases, medical devices, food processing, battery technology and downhole oil-well technologies. Gemma works with clients of all sizes from start-ups to multinational corporations and is known for her easy and approachable manner.
Dev represents biotech and chemicals clients based in the UK, Europe, and US. He has worked in the life science and chemicals specialisms for over 25 years and has established a practice focusing on provision of strategic advice to early stage and rapid growth technology companies. Dev enjoys working with a wide variety of clients to help them develop valuable IP positions most often for companies seeking to partner or licence their technology.
Sean deals with all forms of intellectual property but spends most of his time on patents and designs. His patent practice extends over a huge range of technologies, from catalysts to computers. He is also involved with designs ranging from textiles to logos.
Sinead graduated from Imperial College London in 2019 with first class honours in Physics BSc. Her final year project focused on the use of nanomaterials for therapeutic and diagnostic purposes within medicine, and she was awarded the David Smith Prize for excellence in Medical MRI and Ultrasound.
Lloyd began his career in the patent profession, as a Patent Attorney, following graduation and has worked with a wide range of technological subject matter including automotive and aerospace technology, satellites and telecommunications, medical devices including detectors, and software-based technologies such as image processing, audio analysis, and control systems. Lloyd has experience working with multinational corporations, SMEs and universities, and also has attended multiple opposition hearings before the EPO.
Sullivan leads Keltie's Sustainability Practice, and deals with technologies in many sectors, across the full range of engineering disciplines, including mechanical, electronic, materials, control systems, and software-related inventions.
Tom read Natural Sciences at the University of Cambridge, studying chemistry and physics before specialising in Materials Science with areas of study including: thin films, energy harvesting, thermodynamics, biomedical materials, materials for optoelectronic devices, and nuclear materials. Tom’s Master’s project involved the study and construction of sustainable composite structures for use in magnetoelectric energy harvesting devices and free standing thin films for use in such devices.
Alistair joined Keltie in 1997, following two years with a Glasgow-based patent and trade mark firm. Having qualified in 1998 to become a Chartered Trade Mark Attorney, European Trade Mark Attorney and Member of the Chartered Institute of Trade Mark Attorneys, he has been a partner in the firm since 2003. Based in the firm’s London office, Alistair is co-head of Keltie's trade mark practice, specialising in trade mark, design and copyright law.
Joseph’s core interests lie in the fields of materials, manufacturing, sustainability and digital technologies. These stem from a varied route to a patent career, via mathematics and nuclear engineering. Joseph enjoys the process of getting absorbed 'into a creation' and appreciating the detailed work and thought that goes into it. He also enjoys the diversity of working with clients of all sizes from large international companies, to UK-based SMEs and independent inventors.
Jonathan is a Partner in the Life Sciences and Chemistry team and leads Keltie's Cambridge office. He has extensive experience of working with clients in a wide range of technology areas including agri-tech, sustainability, pharmaceuticals, chemistry, therapeutic treatments, personal care devices, medical devices, medical diagnostics, healthcare, biotechnology, regenerative stem cell therapies, food packaging, gene-editing (CRISPR), CAR-T cell-based therapies, materials, catalysts, energy technologies and cosmetics.
Timo joined Keltie in 2017 after graduating from the University of Birmingham with a first class Master’s degree in Mechanical Engineering. At university, Timo’s studies covered subject areas including advanced mechanics, sustainable energy systems, advanced vehicle engineering, biofuels and combustion, and micro and nano technologies. Timo completed his dissertation project in partnership with the Dearman Engine company, focussing on the application of polymers in cryogenic ambient expansion engines and in particular on in-cylinder lubrication methods. Timo gained industrial experience alongside his studies, undertaking internships at Cummins Turbo Technologies and at Jaguar Land Rover where he was part of the Special Vehicle Operations team working on a limited-edition Range Rover project.
Jo is one of the partners in the Engineering Group at Keltie and has worked as a qualified attorney in general physics and engineering fields for 20 years. She has a particular specialism in automotive engineering, in particular fuel injection systems and injection control strategies, but also with powertrain systems, brakes and engine control systems. Jo has worked with several prominent and multi-national companies in the automotive sector and has managed their extensive, global patent portfolios. She also advises on infringement and freedom-to-operate strategies.
Catherine is a qualified Irish and European Trade Mark Attorney, having obtained her qualification in 2021. She was honoured with the Gearoid O’Sullivan Award by the Irish Association of Patent and Trade Mark Attorneys (APTMA) for achieving the highest marks in the 2021 Trade Mark and Design Examination.
Laura is a Partner in the Life Sciences and Chemistry team. She has a broad academic background in biochemistry and specialises in patent matters relating to biotechnology, precision medicine, immunology, gene therapy, synthetic biology, pharmaceuticals, medical devices, molecular biology, stem cells and regenerative medicine, diagnostics, medicinal chemistry, and chemical technology such as petrochemicals and catalysts.
Manuela's substantial trade mark practice ranges from clearance searches and prosecution, due diligence projects, oppositions and other contentious matters, negotiations and IP focussed contracts. She manages a significant number of worldwide trade mark portfolios being responsible for their overall strategy. Her client base and experience cover a broad spectrum of industries, but in particular, sports, pharmaceuticals and fashion.
After graduating with an honours degree in BBL Business and Law from University College Dublin in 2013, Tasneem tried her hand in advertising and marketing agencies before finding her niche in the IP profession. She joined one of Ireland’s leading specialist IP firms, where she qualified as an Irish and European Trade Mark and Design Attorney in 2017.
Eleni deals with due diligence, filing and prosecution of trade mark applications around the world. She is also involved in copyright, design and company name matters. She has experience in clearance searching and preparing trade mark filing strategies, in addition to advising on registrability, infringement, passing off and the validity of trade marks. Eleni deals with contentious matters including filing and defending opposition, invalidation and revocation actions. She has experience in brand protection over a range of industries, particularly, luxury goods, gaming, retail, fashion, oil, automotive, food and drink sectors. Eleni is also a regular contributor to the CITMA Review.
Mike has a broad academic background in chemistry, medicinal chemistry, biochemistry, molecular biology and cellular biology, which experience was greatly enhanced during nine years of cutting-edge research in fields of biochemistry and molecular biology. He has authored many peer-reviewed publications and is an inventor of many patents.
Rhona graduated from the University of Glasgow in 2018 with a first class Master’s degree in Biomedical Engineering. During this time, she spent six months at a biomechanical engineering lab at Ecole Polytechnique in Paris, where she worked on a project that involved modelling the migration of endothelial cells. Rhona then went on to study for a PhD in Optical Medical Imaging with Healthcare Innovation and Entrepreneurship, a PhD that was jointly awarded by the Universities of Edinburgh and Strathclyde.
Monica is a UK patent and design attorney and European patent attorney with a technical background in computational materials science. Her current patent practice bridges a range of technical fields including software technology, materials science, nanotechnology, electronic devices, fuel production and storage systems, cryptography and financial technologies.
Colin is co-head of Keltie's AI and Quantum group and specialises in complex and emerging technology areas.
Mark is part of Keltie's IT, Telecoms and Electronics team and advises on all parts of the patent process including invention harvesting, patent drafting and prosecution, oppositions and appeals, IP audit, portfolio management and IP due diligence work including freedom to operate opinions. Mark also advises on design issues including the preparation and filing of registered designs. Mark represents SMEs, multinational clients, individuals and universities at the UKIPO, EPO, WIPO and EUIPO.
Amelia studied physics at the University of Liverpool and graduated with a first in 2016. Her studies included semiconductor applications, material physics, nuclear physics and quantum and atomic physics. Amelia has work experience in biophysics research, medical device manufacturing and machine testing and interned at Manchester Medical School and The Christie Hospital in 2015, where she analysed MRI data with an oncologist and clinician scientist.
Nathaniel joined Keltie in 2016 and has experience in drafting and prosecuting patent applications from a wide range of technological fields. His work principally relates to high-tech sustainability technologies in the automotive, agricultural, and renewable energy fields, amongst a broad portfolio that stretches from electrical and industrial power management systems to fashion, packaging and consumer products.
As a member of Keltie’s IT, Telecoms and Electronics team, Samantha specialises in handling software and computer-implemented inventions, and particularly enjoys working with clients applying emerging ‘next generation’ digital technologies (such as artificial intelligence, machine learning and 5G) across a variety of technical fields. She is especially interested in the application and cross-over of such technologies in the field of precision medicine.
Sarah graduated from Imperial College London in 2015 with a Master’s Degree in Physics with a Year in Europe. Her studies included a wide range of Physics topics which included quantum mechanics, plasma physics, quantum computing, general relativity, cosmology and electromagnetism.
Emily specialises in the fields of materials science, engineering and design. She leads the Advanced Materials and Manufacturing practice at Keltie, and co-leads the Design Group. Her practice covers a wide range of technical fields including nanotechnology, glass processing, advanced materials, energy storage, construction, packaging, food technology, medical devices, automotive and aerospace engineering, electronics, software and user interfaces.
Charlotte joined Keltie in 2008, after graduating from the University of Birmingham with a law degree, qualifying as a Chartered Trade Mark Attorney in 2013 and obtaining the IP Litigation Certificate in 2016. After spending 12 years at Keltie, Charlotte spent four years developing and heading up trade mark practices at London law firms. Charlotte re-joined Keltie in 2023 as Partner of the trade mark practice.
David is a Chartered Trade Mark Attorney. His responsibilities include the prosecution of trade marks, trade mark audits, conducting clearance searches and handling contentious matters such as trade mark opposition proceedings, infringement matters, revocation and invalidity actions.
Sectors we work in
No matter what your product, aesthetics are invaluable. They are the first impression of a product: the contours, shapes, colours and textures that catch our eye as we see, use and interact with it. Not only does a distinct aesthetic have its own value, but it can enhance function, reinforce brand recognition and loyalty, and drive consumer choice.
Keltie’s specialist AI and Quantum Technologies team is one of the largest in the UK. We are the heavy hitters: Neural Networks, Game Theory, hidden Markov models, Long Short-Term Memory networks, post-quantum cryptography - nothing phases us.
Branding has a key role to play in any industry. Brands are the flags that fly on behalf of a business or product. They are an identifier of origin that allows consumers to recognise where their products or services are coming from, so it is crucial that those brands resonate with consumers. They must also be kept free of problems that inhibit their ability to be the vehicle that drives a business.
Whether it is the development of novel materials and compounds, or the improvement of industrial processes to make them cleaner or more productive, chemical sciences underpin many of the aspects which are key to addressing the challenges of the 21st century. The diversity of innovation in chemistry is vast, with industry-leading companies combining resources and skills to create new products designed to solve problems and enhance our understanding.
Engineering inventions can be found in hugely complex products, or deceptively simple creations. They can encompass almost any field of technology, and often several fields at once.
More so than almost all other scientific fields, our knowledge, understanding and expertise in biology has increased at a phenomenal pace over the past few decades. Since the high throughput sequencing power used in the human genome project was unleashed at the beginning of the 21st century, multiple '-omics' disciplines now characterise a diverse field that offers such enormous potential for medicine, food production, wellbeing and human expression.
Modern technologies and advancements in product design and manufacturing contribute to our being able to lead a more sustainable and improved lifestyle. These in turn are increasing both the expectancy and quality of life we are able to enjoy as consumers by combatting health challenges and diseases, improving diagnostics and developing new therapies.
Materials science and the technologies involved in manufacturing processes underpin almost every element of technological development. The function, quality, longevity and financial value of products are all impacted by their material make up and the mechanisms involved in their production.
Precision medicine, also referred to as personalised or stratified medicine, is an emerging approach for disease treatment and prevention in which medical decisions, treatments and products are tailored to a subgroup of patients by taking into account the individual characteristics of each patient.
There are few greater challenges than starting a company from scratch but the rewards for taking a great idea or innovation and turning it into a successful business are substantial. At their inception, new companies grow quickly, driven by the dedication of owners and their will to make them profitable, but usually with limited financial resources. In order to become established and find a strong position within the market, startups need to attract external investment.
Sustainability or Green Technology is a hugely prominent sector as public consciousness, awareness and engagement with the ‘green agenda’ grows. As consumers, our behaviour can have a significant environmental impact and has prompted substantial strategic and financial support from national governments and the UN as they look to industry to develop sustainable solutions, products and technologies.
The rise of the internet and modern telecommunications has been underpinned by our ability to program computers to carry out complex operations. Almost every aspect of our lives has been advanced by developments in technology and software, making previously slow or complicated processes easier, faster and in some cases, cheaper.
21.09.2023
Deadline approaches for the EPO’s “10-day rule”The “10-day” rule, which determines how the response deadlines to certain European Patent Office (EPO) communications are calculated, is to be abandoned from 1 November 2023.
06.02.2024
Where fashion meets legality on social mediaUnlock the secrets of the fashion world's legal runway with our latest article, featuring Keltie's collaboration with CITMA and UKFT.
12.11.2024
What is a work of artistic craftsmanship in UK copyright Law? Insights from WaterRower v LikingThis much-awaited Decision sees the UK's approach to copyright for 3-dimensional works diverge from that of the EU. It also provides some guidance on the criteria for a ‘work of artistic craftsmanship’ under UK copyright law, with relevance to the field of applied arts, and especially to vintage design. Keltie attorney Emily Weal explains why this decision matters, and what it means.
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