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Miles Bentley
Miles Bentley, Senior Solicitor
Category: Law
Satisfied Customers: 725
Experience:  BA (Hons), CPE, LPC
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I need design patent registration advice - my company sells

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I need design patent registration advice - my company sells head torches on Amazon, from a Chinese supplier. Our supplier has been contacted by another Chinese company stating that they have an EU registered design for the head torch and will be contacting Amazon to get any listings selling the same design to be shut down. My company is not selling the exact same design, we have changed the head band and used our trademark company brand on it. I need to get advice if this is enough of a difference for us to be ok.
JA: What's the invention's purpose?
Customer: Head torch for running, camping etc.
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Please see link to the design registration by the other company https://euipo.europa.eu/eSearch/?fbclid=IwAR0GR9OUHfxqXmcZYl8n33nJjPqELVB0taidz9vyD-7uGktbIS7OrmXby5Y#details/designs/004521151-0001 and link to our product https://www.amazon.co.uk/gp/product/B07X4BDKNG - you will see the headband design is different.
Customer: replied 11 days ago.
Here is a link to the design registration https://euipo.europa.eu/eSearch/?fbclid=IwAR0GR9OUHfxqXmcZYl8n33nJjPqELVB0taidz9vyD-7uGktbIS7OrmXby5Y#details/designs/004521151-0001 and a link to my product https://www.amazon.co.uk/gp/product/B07X4BDKNG
Good Morning, I am sorry to learn about your situation. I am a Qualified Solicitor with over 20 years of experience in the UK. I am reviewing your question and will revert back to you today. Please note this is an email service and not a live chat so there may be some delay. Thanks.
Miles Bentley and 4 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thanks - my main query is have we materially changed the product enough by putting a customised headband with our trademarked logo on it for the EU design registration to apply to our product or not? And if not then if we changed the colour of the head torch (to black for example) with our custom headband would we then be ok...