Registration of a Design - Australian Government

Service summary

This registration protects the visual appearance of manufactured products. A registered design gives you a legally enforceable right to use your product's design to gain a marketing edge. It also prevents others from using the design without your agreement.

A design is the features of shape, configuration, pattern or ornamentation that when applied to an article gives the article a unique appearance.

Please note:

  • Design registration is intended to protect designs which have an industrial or commercial use
  • Designs which are essentially artistic works are covered by copyright legislation and are not eligible for design registration

        and

  • The protection you receive is only for the appearance of the article and not how it works.

Please consult the Contact officer for more information.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

An application for registration can only be made by the owner of the design. To be eligible for registration, a design must, at the very least:

  • Be new or original; and
  • Have an industrial application.

Applications must:

  • Include information that indicates that what is filed is intended to be a design application;
  • Identify the applicant and contain relevant contact details; and
  • Include a representation, or information that appears to be a representation, of each design.

Due to the requirements for registration, it is suggested that you seek assistance from a registered Patent Attorney.

Please consult the Contact Officer for more information regarding eligibility requirements.

Duration

The term of registration is five years, unless contested. Providing nobody contests the design, the duration of renewal is 10 years.

Fees

 TypeDescription
LodgeLodgement

Online application: $250 per design, $350 for postal or in person.

RenewRenewal

Providing nobody contests the design after 5 years, an online fee of $320 registers the design for 10 years, or $370 for postal or in person.

Forms

 Resources
Apply E-Services: Online Application Process and Service Enquiries Opens in a new browser window
Request for Direction under Section 29 or 30 of the Act - PDF Opens a PDF in a new browser window

Request for Registration or Publication of Designs - Please consult the Contact Officer for more information.

Other resources

 Resources
Comply Customer Enquiry Form: General Enquiries Opens in a new browser window

Guidelines for Representations of Designs - Please consult the Agency for information regarding these guidelines.

Administering agency

Department of Industry, Innovation and Science
IP Australia
Trade Marks and Designs Group

Act(s) name

Designs Act 2003 (Australian Government)

Regulation(s) name

Designs Regulations 2004 (Australian Government)

Contact details

Enquiries
Department of Industry, Innovation and Science
IP Australia
Trade Marks and Designs Group

Operating address:
Discovery House
47 Bowes Street
Phillip
Australian Capital Territory 2606
Mailing address:
PO BOX 200
Woden, Australian Capital Territory 2606

Phone:

1300651010

Phone:

02 62832999

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.