6.13. Representations: Pairs and mirror images

Date Published

Paired products may be included in a single design application when the items are visually identical except for orientation.

Products such as shoes, gloves, socks, and earphones are typically offered or used in pairs. When preparing design applications for these types of products, applicants should take particular care to ensure that their representations do not inadvertently suggest further designs. Including both items of a pair in the representations may introduce differences in visual features, such as asymmetry or intended labelling, which can result in the identification of further designs.

To avoid this, applicants can refer to the individual item in the product name (e.g. shoe or earphone) rather than using collective terms like pair of shoes or set of earphones. All submitted representations should reflect the same visual features, even if the product is shown in mirrored form. Note that representations which show a pair increase the risk of inconsistent visual features and may lead to further designs being identified. Clear labelling of representations should also be included to avoid confusion, as per the examples below.

Where product names reference pairs or sets, amendments may be necessary to ensure the name accurately reflects the item being registered. Even if the representations are clarified as showing a mirror image, the product name should generally not describe the product as a pair or use collective terminology. This approach helps maintain clarity and consistency in the application process and supports accurate identification of the design being applied for.

Example 1: A right and left glove

The above representation shows a pair of gloves. While the shape and configuration of the gloves can be considered a mirrored form, the wording right and left are visual features that result in different overall appearances and as such represent two designs. If the intention of this detail is to signify labelling, wording such as right hand glove and left hand glove should be clearly placed underneath the representations.​​​​​​

Example 2: Earphone

In cases where only one item from a pair is represented in an application, such as a single earphone, the design may still effectively protect both items if the second item is visually identical except for orientation. For example, if the left and right items of a product are mirror images of each other, the design registration for one item can extend to the other by implication. This is because the visual features are the same, and the mirrored orientation does not introduce new or inconsistent visual features. Applicants may choose to also include a mirror image view to clarify and demonstrate that the design applies equally to both items of the pair, without having to apply for a separate design registration for the second item. This view serves to illustrate the other half of the pair without suggesting a separate design. The mirror image should be clearly labelled, visually identical except for its orientation, and should not introduce any new or inconsistent visual features.​​​​​​

This representation reflects the left and right orientation of the earphone. There is no inconsistency in visual features, and a single design is therefore shown.

Amended Reasons

Amended Reason Date Amended

Minor update to page title.

Page reviewed and information updated.

Minor clarification regarding pairs.

Clarification

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