UK practice update for “multiple-component” design registrations

Possibly better referred to as “multi-item” designs, the UKIPO updated its guidance on 1 August 2024 on what is acceptable for design registrations directed to products that include multiple, separable, elements. This differs from “complex products”, that involve many components that, typically, cannot be separated from the overall product without significant effort, to which the previous guidance still applies.

The UKIPO issued a Practice Notice (DPN) 01/24 updating the designs examination practice guide (specifically in paragraphs 2.14 to 2.16) to clarify how to approach these types of designs. The new guidance is consistent with the previous approach, but includes more detail along with examples of registrable and non-registrable designs.

In short, any multiple-component design that includes packaging, whether as functional as a cardboard box or as decorative as a wicker basket for a gift set, would probably not be allowable. This boils down to consumable or disposable elements typically being considered to make multiple-component designs non-registrable. This should not be seen as an absolute bar however, since a toiletry set with a consistent theme may well be considered allowable. Guidance should be sought if you feel your products fall into this area.

As for concrete examples of what would be considered registerable, multiple-component designs that include elements that are not required, but which contribute to the product as a whole are generally considered registrable. Examples which the UKIPO provided include a handbag with a detachable strap and cutlery sets.

There is also some practical advice on the approach to take with drawings including in filings. The UKIPO states that a multiple-component design must include at least one view showing the whole set of articles. This implies that including drawings with the various items individually would not stop registration. Indeed, this would usually provide benefits and may strengthen the protection such designs offer.

The takeaway from this update is that the UKIPO is open to multiple-component designs, but appears to view designs including elements not intended to be the main part of a product or contribute to an overall theme as likely to be non-registerable.

Considering strategy for approaching multiple-component designs, it is worth assessing the suitability for design protection of the items contributing to a wider product individually as well as pursuing the wider product. This may allow some protection to be gained in cases where the UKIPO considers a multiple-component design not to be registrable. Additionally, it is worth thinking specifically about how the items or the wider product are presented in view of the recent success Marks & Spencer had against Aldi.

For further information on how to protect your products with designs, or if you have any questions in relation to this article, please find my contact details on my website profile or contact our dedicated designs team at gje@gje.com.