What you should consider before applying in a single application
Be aware that:
- The applicant, address for service and entitled person details must be the same for each design
- You'll need to pay a registration fee for each design included
- Applications with more than one design will be given a separate design number for each
- If you want to take your design international, you'll need to claim the Paris Convention priority for each design.
It's also important to understand that each design in the application is linked until they're registered, after which they'll exist independently. This has its own benefits and potential disadvantages:
- You'll only need to file one request for registration
- Each design will have the same filing date
- If you need more time to respond to an examiner's report, you'll only need to request and pay for one extension of time.
- If one design fails to meet legislative requirements, it will prevent the others from being registered
- All designs will lapse at the same time -- if one design lapses, they all lapse.
When you can have more than one design in an application
A single design application can be made for a common design -- when one design with the same visual features is used across more than one product.
Different products with the same common design.
This means that you'll:
- Only have to pay one application fee as there's only design in the application
- Receive one design number.
Types of designs that can be filed in one application
1. Your products are the same with more than one design
If all of your designs are for the same product, you can submit each design within the one application.
Cups with different designs
2. You have multiple different products, each with their own designs
If there are multiple designs applied to multiple products within the same Locarno class, you can submit each design within the one application.
Homewares classified in Locarno class 07