eServices help - Design application

On this page:

  • The agent acting for this applicaton is
  • Your reference
  • Which category below best describes your Design Application?
  • Address for correspondence
  • Address for service of legal documents in Australia
  • Legal name of the organisation
  • ACN/ARBN
  • ABN
  • The applicant(s) are entitled to be entered on the Register as the registered owner of the design(s)
  • Application number
  • Further design
  • Select each applicant that is also a designer
  • Provide a generic product(s) to which the design relates
  • Statement of newness and distinctiveness
  • Attach representation(s) of your design as applied to the product nominated in your application
  • Convention priority
  • I/we request the design is
  • Designs
  • Your reference for this design

 

The agent acting for this application is:

You are required to nominate a main contact for your application. The main contact does not need to be an applicant. Correspondence regarding your application will be addressed to the main contact that you nominate.

If the main contact is not already listed as an applicant, you can add the name of the person, agent or authorised signatory to your application (e.g If you have selected an organisation as your main contact you can nominate who your correspondence will be addressed to).

Your reference

Your reference allows you to enter a unique reference of your choice. You can use any combination of uppercase letters, lowercase letters, numbers and special characters.

This reference can be used by you to identify this eServices transaction.

Which category below best describes your Design Application?

One design in relation to one product; or one design that is a common design in relation to more than one product

A common design in relation to many products means that the same design can be registered on more than one product. The individual products must show how the common design is applied.

For example one design could be applied to multiple products such as t-shirts, cups, mouse pads, rulers.

More than one design in relation to one product; or more than one design in relation to more than one product, and each product belongs to the same Locarno Agreement class

An application for multiple designs or multiple designs for many products means that the designs are being applied to the same product, or different designs are being applied to a range of related products within the same class.

For example multiple fabric designs could be applied to multiple products in the same class such as face washers, hand towels, bath towels and bath sheets.

The Locarno Agreement class is the classification given to the product under the Locarno international classification for industrial designs.

A design that was excluded from a previous design application

If you have previously submitted an application but have had to exclude one of the designs from your application, you can apply for that design under a new application. The new application receives its priority date from the original (parent) application. You cannot apply for a design that was excluded from a previous design application if the original (parent) application is already registered, has been withdrawn or was refused. You must apply within the short time period between the design being excluded from the original (parent) application, and the original (parent) application being registered if you select this option.

Address for correspondence

This is the address where IP Australia will send all correspondence relating to an IP right. This address may be a street address or a post office box, and can be located in Australia or overseas.

Do not provide your home address to IP Australia if you do not want it published online. You can provide a post office box or other valid address as your address if you want to keep your home address private.

Address for service of legal documents in Australia

This is the address where a person can serve legal documents relating to an IP right. This address must be a street address or a post office box located in Australia. It cannot be an overseas address.

Do not provide your home address to IP Australia if you do not want it published online. You can provide an Australian post office box or other valid Australian address as your address if you want to keep your home address private.

Legal name of the organisation

The legal name of the organisation is the name that appears on all official documents or legal papers. This name may be different from the organisation's trading name.

ACN/ARBN

An ACN is an Australian Company Number.

An ARBN is an Australian Registered Body Number.

ABN

An ABN is an Australian Business Number.

The applicant(s) are entitled to be entered on the Register as the registered owner of the design(s)

The person(s) entitled to be the owner of the design can be:

  • the author of the design (the person who conceived the design)
  • the employer of the author, if the author made the design in the course of their employment
  • the person who contracted the author to make the design
  • the person to whom the author has assigned the design in writing.

Application number

Enter the application number of the original (parent) application that this design was excluded from. You can find it on any correspondence that we have sent to you regarding the original (parent) design application.

You will need to enter the application number in the following format: yyyynnnnn (for example: 201201234)

Further design

'Further design' means a design that is disclosed in a design application, but that has not been identified, by the applicant, as being a separate design disclosed in the application. If a Formalities Deficiency Report identifies further designs in an application, the applicant may apply and pay for the further designs OR remove them from the application by requesting deletion or exclusion of those designs within the allowable timeframe.

Select each applicant that is also a designer

The applicant(s) may not necessarily have been the designer(s) of the product. The identities of the designer(s) are recorded in recognition of their creative effort.

Provide a generic product(s) to which the design relates

A product is an item that is manufactured or hand made.

Statement of newness and distinctiveness

A statement of newness and distinctiveness is a statement in the design application that identifies particular visual features of the design as new and distinctive.

'New' means the design must not be identical to any design previously disclosed anywhere.

'Distinctive' means the design must not be substantially similar in overall design to any design that has been previously published anywhere in the world.

For example, a statement of newness and distinctiveness might be: The newness and distinctiveness of the design resides in the shape of the backrest of the chair as shown in the continuous lines in the accompanying representations. The broken lines are not part of the design and are to be disregarded when considering the overall impression of the design.

Attach representation(s) of your design as applied to the product nominated in your application

You can attach one of the following file formats: JPEG (.jpg, .jpeg), PNG (.png) or TIFF (.tif). Each file that you attach cannot exceed 20MB in size.

Total attachments cannot exceed 100MB in size.

See the Image requirements for eServices.

The representations should show an accurate and complete picture of your design applied to the products nominated in your application. There is no requirement for a specific number of views, however you must provide sufficient views to fully display your design, which usually requires a number of views.

Perspective or isometric views are desirable. All views must show exactly the same design. This particularly applies to colour, as colour is usually a visual feature of the design.

Multiple files can be attached to your application. See the Designs Application Guidelines on the IP Australia website.

Example of a design as applied to a cup.

cup

Example of a design as applied to a hat.

hat

Example of a design as applied to a plate.

plate

Example of a design as applied to a t-shirt.

shirt

Convention priority

Convention priority can be claimed if you have applied for a design in a convention country and are applying for the same design in Australia within 6 months of the original application. If you claim convention priority you will be given the same priority date in Australia as on your application in the convention country.

I/we request the design is

Registered

Registering your design with IP Australia gives you the exclusive and legally enforceable right to use, license or commercialise your design.

Your design is registered when it has met the formal requirements for registration and issued with a certificate of registration.

Once your design has been registered it will be publicly available on the Register of Designs.

Registered and Examined

A design that has been examined, registered and certified as being "new and distinctive" can be legally protected and enforced by the owner.

Published

Publishing a design does not provide you with an IP Right or legal protection for your design. If you proceed with publishing your design, you will not be able to register it at any time in the future.

The design will be published on the Register of Designs.

None of the above

If you select 'None of the above' the design will lapse within 6 months of filing. The lapsing date may be shorter than 6 months if you are requesting convention priority and have not opted to register or publish your design.

Designs

To complete an application for multiple designs, you must provide information about each design separately within the one application.

Select the number of designs that will be in this application from the drop down menu. This is the number of designs you will need to provide information for.

Next you must provide information for each design in your application.

The information that you must provide for each design is contained in four tabs:

  • Step 1. Designers
  • Step 2. Design Details
  • Step 3. Representations
  • Step 4. Priority/Requests

Complete steps 1 to 4 and click the "SAVE DESIGN" button. This will add the design to your application.

To enter the details for the next design click "ADD DESIGN". You will then need to repeat this process for the remaining designs in your application.

When you have completed the 4 steps for each design you will be able to continue with your application by clicking the "NEXT" button.

Your reference for this design

Your reference for this design allows you to enter a unique reference that can distinguish this design from the other designs within your application.

You can use any combination of uppercase letters, lowercase letters, numbers and special characters.

Last updated: 
7 April 2016