Registered Design

A registered design protects the visual appearance of the product rather then the product itself.

A design is registered for only one specific appearance, although it can extend to articles of indefinite length if their cross-section is for example consistant such as in extrusions.

The visual features of a design can include the shape, configuration, pattern and ornamentation. For example, the shape and configuration may relate to a mobile flip-open phone. The pattern and ornamentation may relate to a quilt cover or a set of plates.

A Registered Design prevents any third party from copying your design for a limited period of time. However in order to be granted the design must be new and distinctive. It also must not have been published (even on the Internet) or publicly used prior to an application being filed.

A Registered Design is a valuable commercial asset and can be used to stop people copying your design without your permission once it is examined and certified if found to be new and distinctive. As an asset it can also be sold or licensed to third parties and be included in your balance sheet as an intangible asset of your business.

A Registered Design can also complement any patent protection you may have in relation to a product since the protection offered by a Registered Design relates only to the appearance of the product and does not extend to the material it is made from, how it works or how it feels.

Some of the better known designs that have been registered in Australia include the old ceramic electric jug, Speedo’s, Dunlop tyres, Ken Done T-shirts and the Esky.

Prior to applying for a design it may be worthwhile conducting a search of the Design Register to ensure that your design does not infringe any other Registrations.

Lesicar Perrin are able to assist you through the whole process of applying and registering a design not only in Australia but other countries around the world.

Our initial consultation is provided free, so contact us now to discuss your registered design requirements.