Why should you protect the appearance of your product?
The appearance of a product is much more than a simple aesthetic issue: it is the first element that captures the consumer's attention, differentiates the trademark from the competition and can become the main reason for purchase.
In a saturated and increasingly demanding market, protecting the design and image of products is not only a matter of prestige, but a real strategic necessity.
In this sense, in the field of Intellectual Property, registering a design means protecting the appearance of the whole or part of a product deriving from the characteristics of, in particular, lines, contours, colours, shape, texture or materials of the product itself or its ornamentation.
Specifically, the design figure is specially created to protect the new appearance of a product, provided that this is not dictated by technical characteristics, but by aesthetic ones.
Registering these designs is a strategic decision that can make the difference in the competitiveness, protection and profitability of a business.
A well-crafted design brings a high added value to the product and makes it more ‘attractive’ and eye-catching for consumers. By protecting the design of a product, the owner obtains the exclusive right to prevent third parties from reproducing or imitating it without his prior authorization.
Registering a design brings a number of advantages to its owner.
Benefits of registering a design
By granting exclusivity over its use, a registered design allows the product to be distinguished in the market, making it unique from the competition.
In addition to improving the image of a company and avoiding copies and/or reproductions, registering a design protects the investment made in the development and design of the product, ensuring that only the owner can commercially exploit this aesthetic innovation, thus reducing the risk of appropriation by third parties.
In order to register a design, a series of requirements must be met, among which we highlight the following:
- The design must be new (novelty).
- The design must have an individual character.
This protection is essential in sectors where design innovation is constant, where aesthetics is a fundamental pillar of competitiveness in the market and where an attractive product has a higher commercial value (fashion, footwear, furniture, ceramics, automotive, etc.).
Designs are granted for periods of five years from the filing date, which can be extended up to four times, for a maximum period of 25 years.
In short, registering a design makes it possible to protect this type of creation, so that the holder has the right to prohibit the reproduction or imitation of the product/article in question.
Sectors in which the registration of a design is of particular importance
Registering a design is essential in those sectors where the appearance, presentation and visual details of products are decisive for commercial success and differentiation in the market.
For example, among others:
1. Fashion and footwear: in the textile, fashion and footwear industry, design is the main value-adding factor. Protection through registration prevents the copying of garments, shoes, bags and accessories, safeguarding the creativity and investment of companies.
2. Jewellery and watches: originality and exclusivity of designs in jewellery and watches are essential for attracting consumers and positioning in the luxury market. Registration protects these products against imitations and counterfeits.
3. Furniture and decoration: the design of furniture, lamps and decorative objects is key to differentiate oneself in a sector where aesthetics and innovation make the difference. Registering these designs allows manufacturers to maintain exclusivity and make their creativity profitable.
4. Containers and packaging: the design of containers, bottles and packaging directly influences the perception of the product and the purchasing decision. An original and protected package can become a brand icon, as is the case with some well-known beverage bottles.
5. Industrial products and tools: design protection for tools, machinery and industrial products is relevant when the shape and appearance provide additional commercial value or functionality beyond the mere technical function.
Design registration is part of a wider range of Intellectual Property modalities, among which patents and trademarks also stand out. Each of these figures serves specific purposes and protects different aspects of the intangible assets of an entity/individual.
Design applications filed in Spain: first quarter of 2025
According to data provided by the SPTO, the following number of design applications were filed in Spain during the first quarter of 2025:
- January: 1,221.
- February: 825.
- March: 1,734.
A total of 3,780 design applications were filed in the first quarter, an increase of almost 2% compared to the same period of 2024.
This increase (which also continues to rise year after year) demonstrates the importance of registering a design, an action that undoubtedly reinforces the competitive nature of companies in the market.
Do you want to register a design?
At UNGRIA we have a team of experts in this field that can help you register and protect the design of your product.
Contact us for more information.
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