- Home
- Introduction
- Part 1 - Formalities
- 1. Classification
- 2. Entitlement
- 3. Applicant Name
- 4. Applicant Address
- 5. Address for Service
- 6. (reserved)
- 7. Product Name
- 8. Section 43
- 9. Statement of Newness and Distinctiveness
- 10. Convention Details
- 11. Excluded Design Details
- 12. Registration / Publication Request
- 13. Designer Name
- 14. Representations
- 15. Further Designs
- 16. Amendments
- 17. Formalities Checking Procedure
- Part 2 - Examination
- D01 Citation Index
- D02 (reserved)
- D03 Examination Process
- D03.1 Overview
- D03.2 Requesting examination - requirements
- D03.3 Who may request examination?
- D03.4 Which Designs may be examined?
- D03.5 Court proceedings
- D03.6 Handling concurrent requests for examination
- D03.7 Handling requests for examination when a Certificate of Examination has previously issued
- D03.8 Further reports
- D03.9 Being 'satisfied'
- D03.10 Period for completion of examination
- D03.11 Withdrawal of request for examination
- D03.12 Interface with Court Proceedings
- D03.13 Intention to Certify
- D03.14 Material provided by a 3rd party
- D03.15 3rd Party Initiated Examinations
- D03.16 Revocation during Examination
- D03.17 Expedited Examination
- D04 Identifying the Design
- D04.1 Introduction
- D04.2 Design in relation to a product
- D04.3 What is a product?
- D04.4 Overall appearance, and visual features
- D04.5 Interpretation of representations
- D04.6 Role of a Statement of Newness and Distinctiveness
- D05 Designs which must not be registered
- D05 Designs which must not be registered - s.43, Reg 4.06
- D05.1 s.18 of the Olympic Insignia Protection Act 1987 s.43(1)(b)
- D05.2 Integrated circuits [s.43(1)(c)]
- D05.3 Medals [reg 4.06(a)]
- D05.4 Protection of Word 'Anzac' Regulations
- D05.5 Paper money, securities [reg 4.05(c)]
- D05.6 Scandalous designs
- D05.7 Arms, flag or seal of Australia, state, territory, city or town, public authority or institution, or another country [reg 4.06 (e), (f) and (g)]
- D06 Priority Dates
- D06.1 Background, general issues
- D06.2 Priority date - Convention Applications
- D06.3 Priority date - Excluded Designs
- D06.4 Priority date - Applications by an entitled person (s.52, 53 or 54)
- D06.5 Priority date - Converted Applications
- D07 Prior Art Base
- D07.1 General Information/Background
- D07.2 Publicly used in Australia
- D07.3 Published in a document within or outside Australia
- D07.4 Designs disclosed in applications
- D07.5 Exhibitions, Unauthorised disclosures
- D07.6 Copyright overlap - s.19
- Appendix - Examiner's Worksheet
- D08 Searching
- D09 Assessing Newness and Distinctiveness
- D10 Amendments
- D10.1 Overview
- D10.2 Ambit of s 28 amendments
- D10.3 Ambit of s.66 amendments
- D10.4 Allowabililty - inclusion of matter not in substance disclosed
- D10.5 Allowability - increasing scope of the Design Registration
- D10.6 Amendments of Statement of Newness and Distinctiveness
- D11 Extension of Time - s.137
- D11.1 Introduction
- D11.2 s.137(1) - Error or Omission by the Registrar
- D11.3 s.137(2) - Summary of the Principles of Law
- D11.4 Making the Application - s.137(2)
- D11.5 Registrar's Discretion - s.137(2)
- D11.6 Advertisement of Extension - Subsection 137(4)
- D11.7 Period of Extension to be Granted
- D11.8 Common Deficiencies
- D11.9 Protection and Compensation Arrangements
- D12 Assignment etc of Designs, the Registrar
- D12.1 Introduction
- D12.2 Registering Assignments
- D12.3 Registering other interests
- D12.4 Correction of the Register - Regulation 9.05
- D12.5 Rectification of the Register by a court
- D12.6 Trusts, Bankruptcy, Insolvency
- D13 Ownership Disputes
- D13.1 Overview of ownership disputes
- D13.2 S.29 disputes
- D13.3 S.30 Disputes associated with recording assignments
- D13.4 S.52 Revocation relating to Entitled Persons
- D13.5 Application by Entitled persons after revocation
- D14 Publication, File access
- D14.1 Background, general issues
- D14.2 Documents not publicly available
- D14.3 Interaction with the Freedom of Information Act 1982
- D14.4 Production of documents under s.61(2)
- D14.5 Right of Lien
- D15 Surrender of a Design
- D15.1 Overview
- D15.2 Processing an offer to surrender
- D15.3 Discretionary considerations in Accepting the Offer
- D15.4 Surrender by consent - and ownership matters
- D16 Prohibition Orders
- Part 3 - Classification
- Introduction
- Amendments to the Eleventh Edition of the Locarno Classification
- Amendments to the Tenth Edition of the Locarno Classification
- Class Heading Summary
- Class 01 - Foodstuffs
- Class 02 - Articles of clothing and haberdashery
- Class 03 - Travel goods, cases, parasols and personal belongings not elsewhere specified
- Class 04 - Brushware
- Class 05 - Textile piecegoods, artificial and natural sheet material
- Class 06 - Furnishings
- Class 07 - Household goods not elsewhere specified
- Class 08 - Tools and hardware
- Class 09 - Packages and containers for the transport or handling of goods
- Class 10 - Clocks and watches and other measuring instruments, checking and signalling instruments
- Class 11 - Articles of adornment
- Class 12 - Means of transport or hoisting
- Class 13 - Equipment for production, distribution or transformation of electricity
- Class 14 - Recording, communication or information retrieval equipment
- Class 15 - Machines not elsewhere specified
- Class 16 - Photographic, cameras, cinematographic and optical apparatus
- Class 17 - Musical instruments
- Class 18 - Printing and office machinery
- Class 19 - Stationery and office equipment, artists and teaching materials
- Class 20 - Sales and advertising equipment, signs
- Class 21 - Games, toys, tents and sports goods
- Class 22 - Arms, pyrotechnic articles, articles for hunting, fishing and pest killing
- Class 23 - Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel
- Class 24 - Medical and laboratory equipment
- Class 25 - Building units and construction elements
- Class 26 - Lighting apparatus
- Class 27 - Tobacco and smokers supplies
- Class 28 - Pharmaceutical and cosmetic products, toilet articles and apparatus
- Class 29 - Devices and equipment against fire hazards, for accident prevention and for rescues
- Class 30 - Articles for the care and handling of animals
- Class 31 - Machines and appliances for preparing food or drink, not elsewhere specified
- Class 32 - Graphic symbols and logos, surface patterns, ornamentation
Amendments to the Eleventh Edition of the Locarno Classification
CLASS 1
Inclusion of Shaped tortillas (01-01), Meatballs (01-04) and Sushi (01-99)
CLASS 2
- Inclusion of cravats in 02-05
- Inclusion of jumpsuits in 02-02C
- Inclusion of football jerseys in 02-02Z
CLASS 3
- Includes spectacle cases and cords, armbands and wrist cases for mobile telephones and tissue box covers in 03-01Z
- Miscellaneous in class 03-99 now includes toddler reins
CLASS 4
- 04-02 not including electric toothbrushes [appliances] – class 28-03)
CLASS 6
- Including street benches in 06-01C
- Including floor chairs in 06-01L
- Including massage chairs in 06-01Z
- Including lockers in 06-04
- Picnic tables with attached seats included in 06-05.
06-06 now includes cubicle walls, head and back rests (for chairs and seats) and book rests. Reading desks deleted. Headrests for seats previously 06-01
06-13 includes crib bumpers, baby sleeping bags and duvets
CLASS 7
- Including mugs; disposable cups, glasses and plates in 07-01
- Rice cookers in 07-02.
- Tortilla warmers included in class 07-06Z
- Lunchboxes included in 07-07A
CLASS 8
- Add circular saws to 08-03
- Add lug wrenches and nail tackers to 08-05
- Includes sanding blocks and discs for sanding machines (sandpaper in 05-06 – artificial or natural sheet material).
- Includes door handles for vehicles (class 08-06)
- Add key card door locks to 08-07
- Add plant and bag hangers to 08-08
CLASS 9
- Includes packaging sleeves and disposable coffee bag drippers in 09-05
CLASS 10
- 10-01 includes digital calendar clocks
- 10-02 includes smartwatches
- 10-04 includes pulse watches, wearable activity trackers, pedometers and height gauges
- 10-05 includes access control gates
- 10-06 includes pedestrian crossing signs (previously class 20-03)
- 10-07 includes bracelets for smartwatches
CLASS 11
- 11-02 includes indoor propagators
11-05 includes festive dolls and non-illuminated Advent stars
CLASS 12
- 12-02 includes casters
12-05 includes transfer robots
12-07 includes aircraft drones
12-16 includes roof boxes; does not include safety belts for the seats of vehicles (class 29-02), vehicle door handles (class 08-06), pantographs for locomotives or trams (class 13-03)
CLASS 13
- Including heat sinks and cable protectors
Miscellaneous (13-99) also includes supports for solar panels
CLASS 14
- 14-01 including audio mixers
- 14-02 including wrist tablet computers, point-of-sale (POS) terminals, security tokens (encryption devices) and multifunction printers
- 14-03 including smartphones and phablets, not including casings for mobile telephones (now class 03-01)
- 14-99 including USB hubs, stands for mobile telephones and selfie sticks
CLASS 15
- 15-01 includes exhaust manifolds and filters for engines, and actuators
- 15-09 includes 3D printers
- 15-99 includes industrial robots, lacquering machines and crankshafts for machines
CLASS 16
- 16-01 includes dashboard cameras
16-06 includes smartglasses and contact lenses; camera lenses, caps and hoods; ski and swimming goggles
CLASS 17
- Pedals for musical instruments now class 17-99 (was class 17-01)
- Includes Jews’ harps
CLASS 18
- Printing machines does not include computer printers (class 14-02)
CLASS 19
- 19-01 includes origami paper
- 19-02 now includes drawing pins and thumbtacks (previously class 08-08), dispensers for correction tapes and letter openers
- 19-06 includes 3D printing pens and signing machines
- 19-07 includes training simulators
CLASS 20
- 20-01 Includes self-service payment terminals
Not including pedestrian crossing signs (now class 10-06)
CLASS 21
- 21-01 includes robot toys and foosball and football tables
- 21-01C includes drones (toys)
- 21-03 now includes transportable swimming pools (previously 21-02D)
- 21-03 includes pinatas
CLASS 22
- 22-06 includes mosquito repellent bracelets and related parts
CLASS 23
- 23-01 includes storm drains (formerly gully-holes), grating for storm drains (formerly gratings for gullies) and safety devices for drain gratings – all formerly class 25-02
23-01Z includes floor drains and associated parts
23-02 includes towel rails, commode chairs and toilet lid covers
CLASS 24
- Class 24-02 includes specimen cups
Class 24-99 includes posture correction devices
CLASS 25
25-01 including blocks for breakwaters
25-02 not including gully-holes (now storm drains), gratings for gullies (now gratings for storm drains), safety devices for drain gratings – now class 23-01
25-02 including insulated building panels, removable floor tiles for outdoor use, sewer manholes and bollards
25-03 including rooftop wind turbines and support for, and artificial reefs
CLASS 26
- 26-02 including flaming torches
- 26-04 including curtain lights
CLASS 27
- 27-05 including cigarette lighters for cars
CLASS 28
- 28-01 includes dietary supplement tablets
28-03 includes sex toys
CLASS 29
- 29-02 includes rescue robots and tactile indicator studs for road surfaces
CLASS 30
- 30-99 includes pet carriers
CLASS 32
- 32-01 now including arrangement of boat interiors