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Registered Design Brisbane.

Filing a registered design protects the appearance, shape, configuration, pattern or ornamentation of new products. Kings Patent & Trade Marks Attorneys are experts in design registration, ensuring the products you develop will always remain distinctively your own.

What is Design Registration?

A registered design is intellectual property that protects the appearance of a product. This includes the shape, colour, texture, configuration, pattern, and ornamentation of the product. For example, a registered design can protect a two-dimensional product, like a pattern used on fabric or wallpaper, or a three-dimensional product, like a unique shape used on a lamp.

Registering a design grants the owner the exclusive right to use, license, sell, and commercially exploit a design. It also enables the owner to stop others from making, selling, or copying their design within any territory in which the design right was registered.

To successfully register a design, it must be new and distinctive when compared to existing designs. To be considered distinctive, your design must not be substantially similar to an existing design. For example, a handbag with a seemingly unique floral pattern would not be considered distinctive if a design with a nearly identical pattern already exists.

It’s important to note that design registration only protects the appearance of a product. It does not protect:

  • How the product is designed
  • The functionality of the product
  • The materials used
  • Designs that aren’t applied to tangible products (such as logos and concept art)

Other aspects of a product (such as the functionality and materials) can be protected by patents. It’s strongly recommended that you consider both a patent and design registration in such cases. This is the best way to prevent competitors from manufacturing similar products.

A design registration in Australia is effective throughout the whole of Australia.

When registering a design, the application must include images or technical drawings of the product that clearly highlight the design features the applicant wants to protect.

Upon filing, the registered design application undergoes an examination to ensure all information is present. If the formalities are in order, the design will be registered. The owner of an unexamined design registration will be unable to commence infringement proceedings against other parties until the registration has been examined and certified.

Examination of a design can be requested at any time after registration. If the design is found to be new and distinctive and not substantially similar in overall impression to earlier designs, a certificate of examination will be issued. If the design fails to meet these requirements, the design registration will be revoked.

Australian design registrations are valid for 10 years, subject to payment of a renewal fee five years from the date you filed your application for registration.

Since March 2022, a 12-month grace period for the filing of a design application has come into effect. This grace period enables those who have already disclosed their design (or a variant thereof) to still obtain valid design protection, provided their application for design registration is filed within 12 months of their first disclosure.

This is particularly useful for designs that are accidentally disclosed and for first-time designers who may not have known about registered designs. For example, a designer who publishes details of their latest t-shirt design on social media may use this grace period to file for a registered design within 12 months.

Most countries have laws that permit the registration of a design. Registrations are granted by either the patent or design offices of individual countries. 

Australian design registrations do not extend internationally. Consequently, individuals and businesses with unique product designs will need to file design registrations in the countries where protection is required. 

Overseas design applications are usually filed on a country-by-country basis, with the design being registered in each individual country or region. EU countries can be covered by a single registered Community design.

Prior to filing in foreign regions, you should ensure the appearance of the product constitutes a registered design. For example, only ornamental designs are registrable in the US. Speak to your attorney about the design requirements for the regions where you will be seeking protections.

Under the Paris Convention for the Protection of Industrial Property, Australia allows applicants to claim priority from an overseas design application filed in a convention country. This means that if you file a design application in a convention country, you can claim the same priority date for the same design in Australia, provided the Australian application is filed within six months of the overseas application.

Overseas design applications can take priority over an Australian design application. However, the overseas design must be filed within six months of filing the Australian application.

Important Information About Filing A Registered Design

The protection offered by design registration is limited to the visual appearance of a product. It does not protect its functional aspects. If you want to protect the function of your product, you will need to secure a patent. Conversely, a registered patent does not protect a product from improvements that come about due to changes in its appearance. This can only be achieved through the registered design process. For these reasons, it is important for most individuals and businesses to hold both a design registration and patent for their product. This ensures products are protected from both a functional and design standpoint.

At Kings Patent & Trade Marks Attorneys, we are experienced in the preparation and filing of registered design applications. We work with clients both big and small, providing design registration advice, portfolio management, and prosecution assistance.

If you would like more information around registered design application filing and Australia wide protection for your brand, please contact us to arrange your free consultation.

Sandwich Press patent drawing | Kings Patent & Trade Marks Attorneys

Pictured: Breville have long protected their products using Registered Designs, including this sandwich press from the 1980s

Useful Links:

  • Obtaining design protection Australia wide and/ or overseas; and
  • Australian design application process

If you would like more information around registered design application filing and Australia wide protection for your brand, please contact us to arrange your free consultation.

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Our Experienced Team

Jack King-Scott | Director | Kings Patent & Trade Mark Attorneys

Jack King-Scott, PHD - Director

PATENT AND TRADE MARKS ATTORNEY (AUS & NZ)

Jack is a registered Australian and New Zealand patent attorney as well as a registered Australian trade marks attorney.

Clinton Priddle | Director | Kings Patent & Trade Mark Attorneys

Clinton Priddle - Director

PATENT AND TRADE MARKS ATTORNEY (AUS & NZ)

Clinton is a registered Australian and New Zealand patent attorney as well as a registered Australian trade marks attorney.

Jonathan Lewis | Kings Patent & Trade Mark Attorneys

Jonathan Lewis

PATENT AND TRADE MARKS ATTORNEY (AUS & NZ)

Jonathan is a registered Australian and New Zealand patent attorney as well as a registered Australian trade marks attorney.

Yang Zhao | Kings Patent & Trade Mark Attorneys

Yang Zhao

PATENT AND TRADE MARKS ATTORNEY (AUS & NZ)
Yang is a registered Australian and New Zealand patent attorney as well as a registered Australian trade marks attorney.

Tahlia Dimech | Kings Patent & Trade Mark Attorneys

Tahlia Dimech

PATENT AND TRADE MARKS ATTORNEY (AUS & NZ)

Tahlia is a registered Australian and New Zealand patent attorney as well as a registered Australian trade marks attorney. 

Chloe Taylor

PATENT AND TRADE MARKS PROFESSIONAL

Chloe became interested in intellectual property and is on the way to become a registered Patent Attorney.

Avryl Wratten

INTELLECTUAL PROPERTY PARALEGAL

Avryl is an experienced intellectual property paralegal. 

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