Distinctiveness of the Design and the General Impression Criterion
For a design to be protected, it is not enough for it to be merely different from previous designs. The general impression it leaves on an informed user must also be distinct.
The key criteria for determining the distinctiveness of a design:
1️⃣ The General Impression is Prioritized
✔ A design qualifies for protection if it leaves a different impression among similar types of designs.
✔ When evaluating, the general appearance is considered, not small differences.
2️⃣ Informed User Criterion
✔ Whether the design is distinctive or not is assessed by an informed user, not by an ordinary consumer.
✔ An informed user is someone who knows the product’s appearance and usage and is familiar with the existing designs in the market.
3️⃣ Evaluation Based on Concrete Cases
✔ Whether a design is distinctive can vary depending on concrete situations.
✔ The overall appearance is considered rather than small details.
By obtaining professional support during the design registration process, you can determine whether your design is protectable.
Contact us to secure your design and start your registration process!