“Is This Design Truly Unique?” How to Answer That Question
Hello!
You want to register your design, but the office says: “This design doesn’t create a different overall impression compared to existing ones.” That’s exactly where the Visual Perception Test comes in. But what is this test, how is it prepared, and how can it change the fate of your design? Let’s explore step by step!
What Is a Visual Perception Test and Why Is It Important?
The Visual Perception Test is an evaluation process that measures how your design is perceived by the “average consumer.” Its goal is to prove that your design creates a distinct overall impression. For instance, if you designed a coffee cup, the test asks: “Can a consumer distinguish this cup from its competitors?”
This test plays a crucial role in registration decisions by institutions like the European Union Intellectual Property Office (EUIPO) and the Turkish Patent and Trademark Office. If not properly prepared, your application could be rejected!
How to Prepare the Test? 4-Step Roadmap
- Analyze Existing Designs:
Before applying, review similar designs in your industry. Use tools like the WIPO Global Design Database to study competitors. Clearly answer the question: “Why is ours different?” - Include Your Target Audience:
The test is based on real consumer perception. For example, for a shoe design, survey 100 people aged 18–35. Keep questions simple: “Have you seen this design before?”, “Which brand do you think this belongs to?” - Create Comparative Visuals:
Prepare a comparison board showing your design alongside competitors. Use tools like Canva to highlight color, shape, and detail differences. - Get an Expert Report:
Request a report from an independent design expert confirming your design creates a “different overall impression.” This report adds credibility to your official application.
Which Method Is More Effective? Comparison Table
| Method | Advantages | Risks |
|---|---|---|
| Surveys | Affordable, quick data collection | May produce biased results |
| Focus Groups | Provides deep insights | Time-consuming and costly |
| Digital Analysis | Offers objective data (e.g., AI) | Requires technical infrastructure |
| Expert Evaluation | Strong evidence in legal processes | Can be expensive |
Case Example:
A furniture brand in Germany wanted to register a new chair design. While competitors mostly used “classic” lines, this brand stood out with asymmetric legs and textured fabric. With a 200-person survey and a report from an industrial design expert, they gained approval from the EUIPO.
Common Mistakes and Their Fixes
- Mistake 1: Relying solely on color differences.
Fix: Highlight shape, texture, and proportions. - Mistake 2: Conducting the test with a narrow audience.
Fix: Ensure diversity in age, gender, and geography. - Mistake 3: Using reports full of technical jargon.
Fix: Prepare clear and visually supported documents.
Conclusion: Make the Test Part of Your Strategy
The Visual Perception Test is a critical step in the design registration process. It’s not just a legal requirement but also a tool to measure your design’s market strength. Remember: a successful test is the most concrete way to say “We are different!” to your competitors.
Inspiring Data: According to EUIPO’s 2023 report, 78% of applications that included a visual perception test were approved—compared to just 34% without one!
FAQs:
- When should I conduct the test?
Once your design is finalized, but before submission. - Are digital tools reliable?
Yes, but support them with human-perception tools like EyeQuant.
Hope this guide helps you on your design registration journey. See you in the next article! 🎨
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