Registration of a Design - Australian Government

Description

You will need this registration if you intend to protect the visual appearance of products you have manufactured.

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.

Design includes the shape, configuration, pattern or ornamentation that when applied to an article gives it a unique appearance.

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.

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

Service type

Licence

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

Eligibility requirements

To be eligible for registration a design must:

  • be new, original or distinctive when compared with prior art base for the design
  • have an industrial application.

An application for registration can only be made by the owner of the design.

Due to the requirements for registration, you may need to seek assistance from a registered Patent Attorney.

Duration

The term of registration is five years from the filing date.

Fees

Fees Details for this service in table format.

Task Type Business Structure Description
Apply Application All

Fees listed in the attached resource.

Act(s) name

Designs Act 2003 Australian Government

Regulation(s) name

Designs Regulations 2004 Australian Government

Administering agency

Department of Industry, Science and Resources

IP Australia

Trade Marks and Designs Group

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Supporting information