The new look of packaging can be registered as a design or, where appropriate, as a trademark, which may be three-dimensional. In the case of packaging, especially if it contains other indications, the scope of protection of the design and the trademark may overlap. A registered design is particularly appropriate if the new shape of packaging is unique even without any further visual elements. It should be kept in mind that design protection lasts “only” 25 years, but the trademark can protect a sign – including packaging, if it is distinctive – permanently. For the design application itself, it is necessary to prepare depictions of the design from different sides without distracting surroundings, identification of the author and identification of the applicant. If the new design is created by an external graphic designer, we often encounter a shortcoming where the work contract does not contain licensing arrangements, which can cause problems later on.

If you only ever need protection in the territory of the Slovak Republic, a design registered at SKI IPO is a better, cheaper alternative. However, if you want protection in more than two EU countries, registered Community design is preferable. We often choose to register at the EUIPO due to the speed of the proceedings, as most EU designs are registered within two weeks.

An already registered design cannot be changed, the subject matter cannot be changed. What can be changed is the owner or his or her address. You have to keep in mind that the subject matter of protection is linked to the filing date (similarly for patents and utility models) and you cannot retroactively add subject matter to that date. If the new changes result in new overall impression, a new design application may be filed. Depending on the circumstances, in particular the extent of the changes and the scope of the original design, the original design may also be sufficient to protect the current appearance of the device.