Last updated: 
6 October 2020

Your application must include:

Your application can include:

Product name

Your application must include a product name. A product name is a brief description of the product in the application.

A clear and concise product name allows us to classify your product into one Locarno class. It should:

  • match the representations shown in your application
  • only describe the nature of your product. It should not describe how your product works, what it is made from, or the brand name it will be called

An example of an acceptable product name is ‘refrigerator’.

Learn more about product names and Locarno Classification.

Designer name

Your application must include the name of the designer. The designer name should be the name of the person/s who conceived of the design and gave it visible form. Full names must be provided as the designer needs to be identifiable.

There can be more than one designer. If there is more than one, each designer should be individually listed.

An example of an unacceptable designer name is Mr. B. White.

An example of an acceptable designer name is Benjamin White.

Applicant name and address

Your application must include an applicant name and address. If your application is successful, the applicant listed will become the owner of the design right.

The applicant can be:

  • an individual. You need to include your full name
  • two or more people who own interest in the design
  • a registered company or partnership. You should provide the full registered name and identifier (e.g. Ltd, Pty or Inc). You can also provide an ACN, ABN or ARBN

Trusts, business names or trading names cannot usually own a design right.

You must include a physical address in Australia or New Zealand. If you want to keep your home address private, you can provide a post office box or other valid address instead.

Statement of entitlement

Your application must include the name of the person(s) entitled to be the owner of the design. This will typically be the applicant, but it may be any person identified by the statement.

If the applicant name is the same as that of the entitled owner, no statement is necessary.

If the applicant is not the same as that of the entitled owner, a statement of entitlement is necessary.

To be entitled as an owner of a design you can be:

  • the person who conceived the design (such as the designer)
  • the employer of the designer (if the designer made the design while working for you)
  • the person who contracted the designer to make the design
  • the person to whom the designer has assigned the design in writing

Representations

Representations are illustrations, digital images or photographs of your design. They are an important part of your application as they show the visual features of your design to others.

Representations should:

  • be clear and of high quality
  • contain enough different views to show all aspects of your design
  • be consistent
  • match the additional information in your application

An example of representations taken from design right 201416304:

 

Learn more about representing your design with drawings or photos.

The number of designs in the application

Every application should clearly indicate how many designs are in an application.

The most common way to apply for more than one design is by filing each as a separate application.

However, it is possible to apply for more than one design within a single application. You can only apply for more than design in a single application if each product can be categorised in the same Locarno class. While the class must be the same, the sub-classes or sub-sub-classes can be different. If there is more than one design in your application, you will need to pay for each design included.

Learn more about Locarno Classification.

Learn more about applying for more than one design in a single application.

Address for service

You must include a valid address for service in Australia or New Zealand. If someone else (such as an attorney) is acting on your behalf, they will be the address for service.

An address for service is where we send correspondence. You can elect to receive correspondence either electronically or through the post.

You can only have one address for service, as we only issue one copy of correspondence. You should notify us if the address changes.

Statement of Newness and Distinctiveness

A Statement of Newness and Distinctiveness (SoND) is an optional statement that highlights the new and distinctive visual features of a design.

Many applications do not include a SoND. In this situation, we will consider newness and distinctiveness in relation to the visual features of the entire design.

Learn more about Statements of Newness and Distinctiveness (SoND).

Convention priority

If you have already applied for the same design in another country, it can be acknowledged in your Australian application. To do this, you must apply in Australia within six months of applying in another country.

If your application meets the requirements, the priority date of your Australian application will be the same as your earlier international application. This will allow you to enforce your application from this date.

This is only the case if the country you are applying in is a member of the International Convention for the Protection of Industrial Property (the Paris Convention).

Learn more about the Paris Convention.

Learn more about protecting your design internationally.

What information do we display when you apply?

At the time you apply, we publish some of your application details on Australian Design Search. These details include the names of the owner and/or the designer. At this stage, however, we do not publish representations.

If your application is registered, we will publish additional details of your application. This includes the representations.