Good day.
I would like to reproduce an enamel badge first produced by a company around 60 years ago but not since the 1980s. It contains no company logo and is not official to any club or association nor does it contain any protectable wording.
Would I be correct in thinking that the period of any 'registered design' protection has long since lapsed as it runs out after a maximum of 25 years?
Thank you. M.
Enamel badge design.
Re: Enamel badge design.
Hi manny and welcome,
Yes you are right, if the badge had been registered as a design when it first came out then that protection has now lapsed. However as design right is intended to propect the appearance, shape and contours of an item provided these elements are original and novel, I don't think it is likely that a badge would qualify for registration in the first place. Copyright might be an issue if the design of the badge had any artistic component or a slogan which could be described as creative, but since you didn't mention either or these things, I'll assume that it didn't.
Yes you are right, if the badge had been registered as a design when it first came out then that protection has now lapsed. However as design right is intended to propect the appearance, shape and contours of an item provided these elements are original and novel, I don't think it is likely that a badge would qualify for registration in the first place. Copyright might be an issue if the design of the badge had any artistic component or a slogan which could be described as creative, but since you didn't mention either or these things, I'll assume that it didn't.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: Enamel badge design.
Thank you for your answer. It is purely a 'hobby' item which would be produced in small numbers in the hope of just covering costs. I have done as much checking as I can so as not to step on anyone's toes so add to this your knowledgeable advice I will now go ahead.
The badge series has a name within the hobby but once again I have checked on-line and can find no trace of it nor a registered company name. Can't be too careful and it is vital to have respected any potential protection.
Thank you again.
The badge series has a name within the hobby but once again I have checked on-line and can find no trace of it nor a registered company name. Can't be too careful and it is vital to have respected any potential protection.
Thank you again.