As of 1st October 2017, UK registered design right holders can mark their product with a web address

November 10, 2017

It is good practice to mark a product with details of a registered design covering that product, as this makes it more difficult for a potential infringer to successfully argue that they did not know the design they were infringing is registered.

This is important because no damages can be obtained from so called innocent infringers who are able to prove that they were unaware of the existence of the registered design at the time of the infringement.

As of 1st October 2017, UK registered design right holder can mark their product with a web address as an alternative to marking the product with the country and design number. The web page must clearly associate the product with the number of the design and be available free of charge.

This will bring UK registered designs into line with UK patents, where web-marking of patented products has been permitted since October 2014.

The marking of a product with a web address is voluntary. Registered design owners will still therefore have the option of marking their product with the UK registered design number(s), or electing not to mark their product. Electing not to mark a product will increase the risk that damages could not be obtained for infringement.

Swindell & Pearson is a UK based intellectual property firm that has been helping businesses and individuals protect and defend their ideas, innovations and brands for over 135 years. With its head office in Derby, the firm also has offices in Stoke, Wolverhampton, Stafford, Sheffield and Burton upon Trent. To find out how Swindell & Pearson can help you and your business with any patent, trade mark or design right matters please get in touch via [email protected] or by telephone on 01332 367 051.