Registered Designs
A registered design protects the shape, configuration, pattern or ornamentation of a product – that is, what gives a product a unique appearance.
Kings IP are experts in registering designs and trademarks, ensuring your design will yours, and only yours.
A design registration protects the visual appearance of a product embodying a design, including its shape, pattern, ornamentation and/or configuration. The registration provides its owner with a legal right to exclude others from the unauthorised commercialisation of a design that is identical, or substantially similar, to the registration.
Generally, any handmade or manufactured product embodying a design may be protected by a design registration, provided that the visual appearance is new and distinctive compared to that of previously known products.
Important Information About Registered Designs
It is important to note that design registration protection is limited to the visual appearance of the product. That is, it does not protect functional aspects of a product or process; if functional protection is required, this can only normally be achieved using the patent process.
On the other hand, a registered patent cannot protect changes in the form of improvements to the appearance of a product; this can only be achieved using the registered design process. That is why it is important to have both a registered design and a patent for the same product to protect designs, both from a functional and design standpoint.
Copyright and registered designs tend to be confused with each other, but they are two separate rights. Copyright covers all 2-dimensional artistic works and some 3-dimensional artistic works. However, when 3-dimensional artistic works are used commercially (i.e. the design is industrially applied), they automatically lose copyright protection. That is why it is imperative to consider registered designs for 3-dimensional products as to not be left out in the cold when it comes to protecting your designs.
We at Kings are experienced in the preparation and filing of design registration applications for clients both big and small as well as design registration advice, prosecution and portfolio management.
Pictured: Breville have long protected their products using Registered Designs, including this sandwich press from the 1980s
Need more information in regards to Registered Designs? Contact Us Today
Meet the Team
Jack King-Scott, PhD - Director
PATENT AND TRADE MARKS ATTORNEY
(AUSTRALIA AND NEW ZEALAND)
Clinton Priddle - Director
PATENT AND TRADE MARKS ATTORNEY
(AUSTRALIA AND NEW ZEALAND)
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