A new and distinctive shape, configuration, pattern or ornamentation applied to an article can also be protected.

How a product looks can often be the reason that it gets chosen over another, so you need to make sure your design is protected.

Getting your application right is important, both to properly protect your work, and to save you money. Contact IP SENTINELS to discuss what will work best for your circumstances.

IP SENTINELS can assist you with:

  • Searching to see if your design is already registered by someone else or providing an opinion on whether an application to register the design is likely to be allowed by the designs office – a part of IP Australia
  • Filing an application to register a design with the Australian Designs Office and in Designs Offices around the world, including filing applications under the Paris Convention for the Protection of Industrial Property
  • Requesting examination of a design registration, including prosecuting your design application through to certification, which includes advising on responses to Office Actions by Designs Examiners (also called examiner’s reports) and filing the response in the best way to overcome any objection raised by the examiner
  • Running an opposition to a design registration or defending an opposition filed by someone else against the registration of your design
  • Providing infringement or freedom to operate advice.  This may be to a design registration holder wishing to enforce the design registration rights against an infringer or it may be to a business wishing to avoid infringing the rights of a design registration owner
  • Attending to annuities (payment of renewal fees) along with monitoring of annuity dates