Design Representations for New Zealand Registration

Unlike a patent, which protects how an invention works, a design registration protects how an article looks. Central to this protection is the “representation”, i.e. the visual definition of your design that sits on the public register.

The role of representations in your registration

The primary purpose of filing representations is to identify the design completely and unambiguously. When a design is applied to an article, these images serve as the fixed point of reference. They allow for a visual comparison between your registered right and any potential infringing products in the marketplace. Because these images define the scope of your protection, they are attached to, and form an essential part of, the Certificate of Registration issued by IPONZ.

It is vital that these images are crisp, clean, and devoid of any ambiguity. If the Commissioner of Trade Marks is not satisfied that the representations you supply clearly identify the design, they will require us to file additional representations. While we can manage this administrative step, it carries a significant risk: if additional representations are required to properly define the design, the Commissioner may rule that the design was not adequately represented at the initial filing date. Consequently, your application’s filing date, i.e. your “priority date”, may be post-dated to the day the new images were filed. Preserving your original filing date is paramount in intellectual property law, which is why we dedicate significant effort to ensuring the initial set of representations is flawless.

Visual Standards and Image Criteria

To avoid objections and delays, the images submitted must meet specific visual standards. We ensure that all digital images filed on your behalf are in the mandated JPEG or GIF formats, as these are the only formats accepted by the IPONZ online application service. Whether we are submitting photographs or drawings, the images can be rendered in black and white, greyscale, or colour, depending on which format best displays the unique features of your design.

The clarity of these images is non-negotiable. The regulations require that the images clearly illustrate the features of the article to which the design is applied. This means the images must be free from any “extraneous matter” that does not form an essential part of the design. Common errors include leaving background objects in photographs, including dimensional arrows or measurements in drawings, or adding explanatory lettering. We ensure that your representations are stripped of such distractions so that the focus remains entirely on the design itself.

That said, the application process further requires that the images be suitable for printing onto single-sided A4 format. When we submit your application electronically, we may place one or several images on a single page, provided that each page is submitted as a single image file.

Labelling and Views

A design must be understood from every angle. While in some rare instances the Commissioner may be satisfied that a single view is sufficient to identify the design, it is standard practice to provide multiple views to ensure comprehensive protection.

We ensure that every image submitted is clearly labelled with the specific view of the article it illustrates. Standard labels include “Front View,” “Side View,” or “Enlarged View of Edge”. This labelling removes ambiguity and ensures that an examiner, or a court, can accurately reconstruct the three-dimensional appearance of your product from the two-dimensional images on the register. As the applicant, you are responsible for submitting a full set of representations at the time of filing. If we propose a modification to these images later, IPONZ will consider the images currently on the form to be the “full current set,” so getting the initial set right is crucial.

Handling International Convention Applications

For our international clients, or New Zealand businesses expanding overseas, navigating “Convention applications” (applications based on a priority filing in another country) requires careful attention to New Zealand’s specific rules.

Many overseas jurisdictions allow a single design application to cover multiple distinct designs or variations. However, New Zealand practice is stricter. We cannot simply file a single application in New Zealand that contains multiple distinct designs, even if they were grouped together in your foreign priority document.

If your overseas document contains representations of distinct designs, we must not mix them up. Distinct designs must be filed as distinct, separate applications in New Zealand. We must separate the views so that multiple views of a single distinct design are filed together in one application, rather than combining views of different designs.

If a single application is filed that clearly includes multiple designs, or a single design applied to different articles that do not form a “set”, the application will not proceed to registration. We would be required to file separate further applications for each distinct design or article. Registration on the initial application would be halted until it is amended to relate only to a single design or a proper set of articles. We manage this separation process for you before filing to ensure a smooth examination process.

Sets of Articles

If your design is applied to a “set of articles” such as a tea set or a suite of furniture, special rules apply. We cannot simply provide an image of the group as a whole. The representations must illustrate the design as applied to every article within that set. We ensure that individual items within the set are documented and submitted against that article to meet this requirement.

By adhering to these rigorous standards for representations, we ensure that your design application is robust, clear, and processed without unnecessary delays or loss of priority. Visual precision is the key to strong design protection.

Contact us today for a free consultation.