2.5. Application for registration: Types of applications under section 22

A design application:

• must meet the minimum filing requirements

• must identify the person or persons claiming entitlement to be the registered owner

• may include more than one design or identify more than one product where the requirements of s 22 are met.

Applications for a single or common design

One design applied to one product

An applicant may apply to register one design in relation to one product under s 22(1)(a) and s 39.

The application must identify one product and include one or more representations that consistently show the visual features of a single design.

Example

One common design applied to more than one product

An applicant may apply to register one common design in relation to more than one product under s 22(1)(b) and s 39.

The application must identify each product and include representations showing how the same design is applied to each product.

A shared visual feature will not, by itself, establish a common design if that feature is insignificant when viewed in the context of the overall appearance of the relevant products. The assessment requires consideration of the overall appearance of each product, including the extent to which the visual features controlled by the designer are common across the products.

A common overall appearance is not limited to shape. Products may share a common pattern or ornamentation, such as the same pattern applied to a dress, shoes and a handbag. Although the products may necessarily differ in shape, the common design must be clearly shown. Where the nature of the products prevents them from sharing the same overall shape, the assessment should focus on the areas capable of carrying the same design.

Relevant considerations include:

• whether the shared visual features are sufficiently significant to contribute to a common overall appearance

• whether any differences relate to features over which the designer has control, having regard to the nature of the products identified in the application

• if the differences do not relate to controllable visual features, whether they are immaterial when the overall appearance of the products is assessed.

Examples of products that may differ in overall shape but nevertheless carry a common design include:

• knives, forks and spoons sharing a common handle design

• a dress, shoes and a handbag sharing a common pattern or ornamentation

• curtains and cushions sharing a common pattern or ornamentation.

See Representations and specifically, Common designs for a pictorial example of a common design. See Product for guidance on identifying more than one product.

Applications for more than one design

Multiple designs, one product

An applicant may apply to register more than one design in relation to one product under s 22(1)(c) and s 40.

The application must identify one product. Each design must be separately and clearly indicated, and a single representation sheet must not show more than one design.

Example

For example, an application may contain four different designs for a mug. A separate application fee is payable for each design. The designs remain linked within the multiple application until registration, but each design is allocated a separate design number.

If an application is lodged under s 22(1)(a) with one fee but contains more than one design, the additional designs are understood to be further designs. See definition at reg 1.04 and Further designs. The applicant may pay the additional fee for each design.

Multiple designs applied to multiple products

An applicant may apply to register more than one design in relation to more than one product under s 22(1)(d) and s 40.

A separate application fee is payable for each design. The designs remain linked within the application until registration, but each is allocated a separate design number.

Each product name must correspond with the relevant representations. Each design must be separately and clearly indicated, and a single representation sheet must not show more than one design.

All products included in this type of application must belong to the same Locarno class, although they may fall within different subclasses. See Classification and specifically, Multiple products or designs.

​​​​Example 

For example, an application may contain three designs for three products forming part of a homewares range, all within Locarno class 07.

By contrast, designs for a hat in class 02, a watch in class 10, and a handbag in class 03 cannot be included in one application.

If an application includes more than one design, the same person or persons must be entitled to be the registered owner of all the designs. If they are not, separate applications are required under s 22(2).