For many businesses, some of the most valuable brand assets are no longer physical products, but digital touchpoints such as apps, interfaces, icons and animated elements that customers interact with daily.
The UKIPO’s new Designs Practice Notice is therefore timely. While it does not change the law or create binding rules, it sets out how the UKIPO will examine design applications for graphic symbols, graphical user interfaces (GUIs) and animated designs in practice, and that has a real impact on whether protection is obtained.
How the UKIPO’s guidance affects digital design filings
Although the law has long permitted protection for the visual appearance of digital interfaces, the practical guidance was limited. In particular, applications for animated designs were frequently met with uncertainty and inconsistent examination outcomes. The new Practice Notice addresses that gap, setting clearer expectations for how interfaces and movement should be represented, and in doing so brings greater consistency and predictability to filings in this area.
This guidance is directly relevant to assets such as a distinctive app home screen, a recognisable checkout or navigation layout, or an animated loading icon that users repeatedly see and associate with a brand. These features may feel “functional”, but their visual execution can still qualify for design protection provided the filing clearly captures the overall visual impression and movement.
For in‑house teams, the takeaway is practical rather than academic. Design protection for digital assets increasingly turns on early involvement and careful framing at filing stage, particularly where interface design or animation forms part of brand recognition or customer experience. As more brand value moves on‑screen, this guidance is a prompt to reassess whether key digital design elements are being actively protected, or quietly left exposed.
Why are registered designs useful for digital assets?
Registered designs offer a fast, flexible and cost‑effective way to protect visually distinctive elements of a product or brand experience, including digital assets. Protection is obtained without substantive examination of novelty or individual character, meaning rights can be secured quickly, often within days, which is especially valuable for fast‑moving digital products and frequent interface updates.
Registered designs can also be a powerful enforcement tool. They allow rights holders to act against lookalike interfaces or copied visual elements without needing to prove confusion, reputation or goodwill, as would be required for trade marks or passing off. This can make designs particularly effective in takedown scenarios, negotiations and early‑stage disputes.
Design protection also sits well alongside other IP rights. It can fill gaps where trade marks are unavailable or slow to obtain, and where copyright protection may be uncertain, particularly for functional or modular interface elements. Used strategically, registered designs can therefore play an important role in protecting the look and feel of digital products, not just their names or logos.
Key takeaways
As digital interfaces and on‑screen experiences become ever more central to brand value, the UKIPO’s latest guidance provides a timely prompt for businesses to review how those assets are being protected. The message is not that the law has changed, but that how digital designs are presented and framed at filing stage can make a meaningful difference to whether protection is secured and how robust it proves in practice.
For in‑house teams, this is an opportunity to take stock of existing and future digital assets, particularly GUIs, icons and animated elements that contribute to brand recognition or customer experience, and to consider whether registered designs form part of the wider IP strategy.
Our team regularly advises on the protection and enforcement of both physical and digital designs, and we would be happy to discuss how this guidance may apply to your business or digital portfolio.
