Written by Joe Clarke | June 12, 2025
If you have designed a new product and are looking to protect it via a UK design registration, one of your key concerns is likely going to be, does this design already exist? Is it worth protecting this design, or could I be infringing an existing design without knowing? Unfortunately, the answer to that question is not that simple.
To go back to basics, registered design rights in the UK protect the shape, configuration or appearance of the whole or part of a product or article. For a design to be registrable, it must be novel (i.e. new) and have individual character. It must produce a different overall impression on an informed user of the design than an existing registered design.
So, you would think it would logically follow that, as part of the examination process for a new design application, the UKIPO would check to see if there are any existing designs on the register that may affect the novelty or individual character of the new design. Unfortunately, that is not the case.
Unlike the trade mark examination process, in which the UKIPO conducts a review of the register and flags a new trade mark application to any existing rights holders who own a similar trade mark, there is no such process for designs. Provided the application meets certain other requirements, e.g. the design images are sufficient, then the design will sail through to registration, regardless of whether the design is novel or not. This means that you could conceivably own a design registration and be none the wiser as to whether the design is valid and therefore whether the right is enforceable.
Firstly, you can search the UK designs register. You would need to know the existing design registration number, or the name of the party that owns the registration, so that may be a hindrance if you are searching from scratch.
A website called DesignView is a more helpful alternative, in which you can search specific terms that relate to your design, and filter the results by territory/office and design classification.
As with anything, Google is also your friend. Before filing a design application, it is worth carrying out a quick Google search to see if anything similar is already out there in the public domain. This will give you a good idea about whether your design right will be enforceable. If there is an existing design already out there that is similar to your design, such that your design does not produce a different overall impression on an informed user than the existing design, the likelihood is that your design will not be enforceable.
If budget permits, you may also wish to carry out a more comprehensive prior art search. The prior art essentially refers to all designs that already exist in the public domain. Third parties can offer prior art search services which you can use to provide a clear and comprehensive answer regarding the novelty and therefore validity of your design. We can also arrange prior art searches for our clients.
Finally, and of course we would say this, but it’s worth speaking to a specialist IP lawyer regarding your design. This will allow you to understand whether pursuing a design application is in your best interests, the range of options available to you and any measures you can take to increase the chance of obtaining a valid, enforceable design registration.
Avoid invalid registrations and possible costly mistakes later.
Identify conflicts early, before filing.
Increase confidence in enforceability of your registered design.
Save time and budget by filing only high‑quality applications.
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A: A registered design protects the visual appearance of a product (shape, pattern, configuration) in the UK. It must be novel and have individual character under the registered design regime.
A: Unlike trade marks, there is no examination of existing designs. If formalities are met, the design is registered—even if it lacks novelty.
A: Use these tools:
UKIPO design register
EU’s DesignView database
Simple Google search
Prior art search by a specialist
A: A professional review of existing designs and publications to confirm novelty. Services are available through IP firms or Briffa.
A: Ideally before filing your registered design, to understand risks and strengthen validity, especially if similar designs exist.
Think your design is unique and ready to protect? If you would like expert help assessing whether your design is truly new fill in the contact form below or arrange a consultation with a design rights specialist at Briffa Legal.
We’ll start with a no obligation chat where we’ll get to know you and understand your current challenges.
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