Product Design Clearance Searches
What is a design search?
A design search, like a trade mark search or a patent search, places you in an informed position regarding the availability and eligibility of your proposed design.
The main design searches are:
- design registration search
- prior art search infringement (or clearance) search
- competitor or name-based search.
Actuate IP also offers a ‘design watch’ service, where we devise a strategy to monitor the design filing activities of your competitors as well as watching for design applications that are identical or similar to your design. The design watch service will identify whether any relevant design applications may potentially infringe upon your own design or whether, if granted, you might in fact be infringing upon a design.
Can I conduct a design search myself?
It is possible to conduct your own design search and this is often a good starting point. Conducting your own marketplace research may reveal whether or not your design is truly new and distinctive, which is crucial for registration.
However, in order to conduct a detailed design search, it is advisable that you engage the assistance of a suitably qualified design lawyer. Searches require an in-depth understanding of the law and the legislation that applies to designs.
How can Actuate IP assist?
Actuate IP’s attorneys can conduct a range of design searches on your behalf.
An Actuate IP design search includes a detailed search report and advice that will outline short- and long-term strategies to secure registered rights and design protection.
Importantly, our advice will enable you to assess all commercial and legal risks prior to committing to a course of action.