Chapter 5. Address for Service

Date Published

5.1  Introduction

The Designs Application Form includes a field for an Address for Service. Usually the Address for Service is that of the applicant itself or that of an intellectual property attorney or solicitor who is acting as the applicant's agent.

This needs to be completed and must include an address in Australia or New Zealand. This address detail is also needed for any approved form that asks for an Address for Service, and is required for the Registrar to serve, give or send a document to a person. See section 145 and regulation 11.19.

5.2  Private Applicants

An applicant that is not represented by an attorney may state that their Address for Service is “as above” i.e. the same as their own address. However, they may nominate any address that they wish, so long as it is a physical address within Australia or New Zealand.

5.3  Attorneys

If the applicant is represented by an attorney, this fact must be clearly stated on the application form. For example, an attorney files an application with covering letter on their letterhead, but their name and address are not on the application form as the Address for Service. In this case, the Address for Service as listed on the form is the correct address to send correspondence, not the attorney. As stated in 5.1 and 5.2 above, the Address for Service must be a physical address in Australia or New Zealand.

5.4  No Address for Service

When there is no Address for Service provided on the application form, or it is unclear whether or not such an address has been provided, a deficiency notice should be sent to the applicant’s address, requesting an Address for Service in Australia or New Zealand.

5.5  Address for Correspondence

Whilst the application form must include an Address for Service in Australia or New Zealand, the applicant may also include a different Address for Correspondence, however there is no legislative requirement to do so. The purpose of an Address for Correspondence is to provide an address to which all correspondence from the Registrar can be sent and it need not be located in Australia. Where no Address for Correspondence is provided, all correspondence will be sent to the Address for Service.

In certain situations, an applicant may in communication indicate an Address for Correspondence that differs from the address details on record, without formally advising of any change. This being the case attention should be drawn to the inconsistency and clarification sought.