Types of Design Applications

When protecting the visual appearance of your products in Australia, choosing the right type of design application is just as important as preparing strong representations and meeting filing requirements. The Designs Act 2003 allows for different application structures depending on how many designs you want to protect, and whether they apply to one product, multiple products, or share a common overall appearance.

Single Design Applications

One Design, One Product

The most straightforward application type is a single design applied to a single product. This means you nominate one product name, provide representations (drawings, photos, or tracings) showing all the visual features of that design and all details in the representations must be consistent and depict a single design.

For example, if you’ve created a new chair with a distinctive frame and upholstery pattern, and you only want to protect that exact chair design, you would file a single design application.

This option works well when you have only one design to protect at this stage, you don’t intend to protect design variations or different products or you want the simplest, most cost-effective registration route.

Common Design Applications

Sometimes, the same design can be applied to more than one product. In these cases, you may be eligible to file a common design application.

A common design application is where the overall appearance of the design is the same across different products, even if those products differ in shape due to their function.

The shared visual features could be shape characteristics, i.e. for example, the same handle design applied to a knife, fork, and spoon. Also, it could be Pattern and/or ornamentation, i.e. for example, the same printed pattern applied to a dress, a handbag, and a pair of shoes.

This above image shows an example of Common Design Applications.

When is it a true common design?

Not every minor similarity counts as a common design. The shared features must be significant enough that, when looking at each product, you see a common overall appearance.

When assessing whether a design qualifies as common consider the significance of the shared visual features, assess whether any differences are purely functional and beyond the designer’s control and check whether the differences are immaterial to the overall impression.

Such common designs can be cost-effective because one application covers multiple products and ensures consistent protection for a product range that shares a visual identity.

Multiple Design Applications

If you have more than one design to protect, the Designs Act allows you to file them together in a multiple design application. There are two sub-categories depending on whether the designs apply to one product or several.

Multiple Designs, One Product

This type of application covers more than one design for the same product.

For example, you create four different mug designs, each with a unique surface pattern. The product name (“mug”) stays the same, but each design is distinct.

Here, you must clearly separate each design in the application, i.e. one design per sheet of representations. Also, all designs remain “linked” until registration but receive separate design numbers and you pay a separate application fee for each design.

Multiple Designs, Multiple Products

Here, you register different designs for different products within one application.

For example, three distinct products, each with their own design, but all belonging to the same homewares category under Locarno class 07. Because they fall within the same classification, they can be submitted together in a single design application.

However, if the designs were for unrelated items, such as a hat (Locarno class 02), a watch (class 10), and a handbag (class 03), they could not be grouped in one application. In such cases, the applicant would need to remove or exclude two of the designs to comply with classification rules.

That said, when multiple designs are included in a single application, all designs must have the same entitled person. If ownership differs across the designs, separate applications must be filed in accordance with section 22(2) of the Designs Act.

What if you file the wrong type of application?

It’s not uncommon for applicants to file a single design application but include multiple designs or products. In these cases, IP Australia may identify “further designs” in your application, and would issue a formality notice.

You then have options to exclude the extra designs in the base application, pay additional fees to file additional design applications,  and file them separately, or perhaps restructure into a common design application (if eligible).

If you exclude further designs, and don’t file additional applications, the extra designs would be left unprotected.

Choosing the right type of application

Choosing the appropriate design application type depends on several key factors that influence both the scope of protection and the efficiency of the registration process.

Firstly, consider the number of designs you wish to protect.

Secondly, assess how many different products the designs apply to. If the designs relate to distinct product types, they may require separate classifications and potentially separate applications to comply with formal requirements.

Another important consideration is whether the designs share a common overall appearance. Designs that are variations of a single concept or visually similar may be eligible for inclusion in a single application, provided they meet the criteria for a multiple design filing.

Finally, your budget and filing strategy play a crucial role. Filing multiple applications can increase costs but may offer more flexibility in enforcement and portfolio management. A strategic approach, i.e. balancing cost, protection scope, and administrative efficiency, will help ensure your design rights are secured effectively.

Scenario 1- Single Design, where you’ve created a unique pendant light shape and want to protect that one design.

Scenario 2- Common Design, where you’ve designed a distinctive geometric pattern that will appear on a dress, handbag, and shoes.

Scenario 3- Multiple Designs, One Product, where you’ve created six different patterns for the same coffee cup shape.

Scenario 4- Multiple Designs, Multiple Products, where you’ve designed a matching sofa, armchair, and ottoman, i.e. all within the same Locarno class.

Our role in structuring your application

Filing the wrong type of application can lead to paying extra fees later, delays in registration or designs being excluded and left without protection.

Our role is to-

• Analyze your designs and product range.
• Advise on the best application type for maximum protection and efficiency.
• Ensure representations are prepared correctly for each design.
• File your application so that IP Australia processes it without unnecessary objections or exclusions.

Contact us now for a free consultation and let us assist you in protecting your brand.