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Intellectual Property

Design Copyright Registration

You produce dozens of prints, logos, or ornamental designs each season, and someone suggested registering them. Design copyright registration is often inexpensive relative to what it unlocks, but the application has to describe the right thing.

Reviewed

01 GUIDE

Design Copyright Registration: what usually happens

What can be registered

Copyright arises when an original design is fixed, but registration with the Copyright Office creates a public record and is generally needed before suing over a US work. Two-dimensional designs, such as illustrations, textile patterns, and graphic artwork, are commonly registered as works of visual art. For a useful article like a lamp or a garment, only features that can be separated from its function are registrable, and the Office examines claims of that kind carefully. Simple logos made of basic shapes or typography may be refused for lack of originality, in which case trademark registration may be the better fit.

Preparing the application

The application identifies the author, the owner, whether the work is published, and the date of creation or publication, and it requires deposit copies or images that clearly show the design. Ownership needs attention when freelancers or studios created the work, because a written assignment is usually required for the company to be the claimant. The Office offers group registration options for certain categories, such as unpublished works, which can make registering a season's designs more practical. Distinguishing published from unpublished works matters for which options apply.

Timing and alternatives

Registration timing affects remedies: statutory damages and attorney's fees generally depend on registering before infringement begins or within a limited period after first publication. For product shapes that copyright may not cover, a design patent protects ornamental appearance, but public disclosure starts a limited filing window in the US and can foreclose protection in some other countries. Bring a set of the designs, information about who created them and when, and where each has been published or sold. A first meeting usually sets up a registration routine and identifies designs better suited to other protection. Registration does not stop copying by itself; it is a tool for enforcement, so pairing it with monitoring of marketplaces and retailers makes it more useful.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

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05 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about design copyright registration and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.