Separate the visible product from its function
A product may be chosen for its performance and recognised by its appearance. Begin by describing those two layers separately. List the contours, surface details, colours and other visual features that matter to the design. In another column, describe the technical functions. This makes the project easier to discuss without assuming that one kind of intellectual property covers every feature.
Design protection concerns the appearance of a product or part of it. In the EU framework, novelty and individual character are central requirements, while rules about technical function can also matter. A technical improvement therefore should not be treated as a substitute for analysing the design, and an attractive appearance does not itself establish that protection is available.
Make the image set internally consistent
Collect the front, rear, side and other relevant views from the same version of the product. Check whether a handle, seam or surface treatment changes between images. Identify which files show an early prototype and which show the intended release. Give each design variant its own folder so a later discussion does not accidentally combine features that were never present together.
Ask what a viewer can actually identify in the representation. Strong reflections, background objects and inconsistent lighting may obscure details. A lifestyle photograph can be useful for marketing while a clean representation serves a different purpose. Before preparing any filing materials, the choice of views and treatment of context should be considered for the particular design and applicable requirements.
Record earlier designs and your own disclosures
Build a visual reference set from relevant products, catalogues and official databases. Keep the publication source and date wherever available. Compare overall appearances as well as individual features; selecting one familiar detail from several products can produce a misleading comparison. Make clear whether a reference is known to have been public or is simply an undated image saved during research.
Your own design history belongs in the same preparation process. Record exhibitions, sales pages, crowdfunding previews and material shared with suppliers. Rules on design disclosure and possible exceptions have their own conditions and territorial context. Do not apply a design-related exception to the patent question, or assume that removing an image makes its earlier publication irrelevant.
Connect ownership and release decisions
Check who created the appearance and on what contractual basis the business intends to use it. An external designer, manufacturer and in-house team may each hold relevant files or agreements. Gather these documents before a launch expands the number of versions and contributors. Keep the practical delivery of source files distinct from the legal terms governing the resulting rights.
Conclude the preparation with a product sheet: version, image set, contributors, intended markets, publication history and unresolved questions. Use it to coordinate marketing, production and any professional assessment. A clear record supports a better discussion, but it does not decide validity or infringement. This guide explains a working method for organising a design project rather than providing a filing recommendation.
Check the official source
Official guidance on preparing an EU trademark application, defining protection and searching earlier marks.
WIPO's introduction to copyright, patents, trademarks, designs and trade secrets.
Official answers about trademarks, inventions, designs and procedures before the Polish Patent Office.
Rekel Patent — an intellectual-property information website. Publisher: Vadym Rekel.