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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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How many changes does there have to be on a registered design

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How many changes does there have to be on a registered design not to get in trouble.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I have a design of toilet which we sell. A competitor has a similar one. They have called it a name not too different as well. They do have design changes but i dont know if i have a case against them - mainly because the name is similar.

Also; I have a new design which is similar to 3 or 4 other designs on the market. I dont want t tread on there feet - how many changes do you need?

Thank you.

There is no set number of changes specified in law.

Infringement occurs is someone else produces a product which uses the same design as the registered design, or the offender uses a design which does not produce a different overall impression on the informed user.

So, the test is whether an informed user of the product/customer has the impression that your design is the same as the registered design.

From October 2014, it will become a criminal offence for someone to intentionally copy a registered design in the course of business, subject to some limited defences.

So, if you look at someone else's registered design and intentionally copy it, you will be criminally liable even if you make changes to the registered design.

Hope this helps

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