10.10. Product: Examples - things that are / are not products

Product name

Logo to be used on a t-shirt

A logo is not a thing that is manufactured or handmade.

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​​​​​​​Logo applied to a t-shirt

A t-shirt meets the definition of a product. In this case, the product is the t-shirt and the t-shirt design includes the logo as a visual feature. 

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Jacket with detachable hood​​​​​​​

A jacket is a thing that is manufactured or handmade. The detachable hood is a component part of a complex product. The product here is the jacket, that includes the hood as a component. The representations show how the components form together and what the assembled product looks like.

A bank of gaming machines (Design 201816709 [2021] ADO 1) 

Whilst the product name could be considered a complex product, the representations do not show how the gaming machines are physically connected as a single thing. The representations need to show how the components, in this case the machines, disassemble and reassemble. 

Bristles of a toothbrush

Whilst bristles are a tangible thing, they are a component part of a toothbrush. The bristles are not considered a product in their own right as they are not made separately to the toothbrush and not commercially available for replacement purposes.

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Textile square of indefinite length and width

A textile square is a thing that is manufactured or handmade. Textile materials are made and sold in continuous lengths and widths. The key design feature is the repeating pattern.

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Plug kit (Design 201510047)

Whilst the representations includes a number of different items, the product name clarifies that the product is limited to the assembled kit of items as a single, physical thing. In this case a plug kit.

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First aid kit

These items do not assemble to make a particular product. Whilst this collection serves the single purpose of performing first aid, together they do not assemble to make a particular product. The product name and representations do not suggest a single product.

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​​​​​​Cordless phone and receiver

The product name and representation identify two different things. Whilst the receiver may hold the phone, the representation does not show this physical connection and single item. The Registrar will not infer physical connection into representations where it is not clearly shown.

Together the product name and representation do not suggest a single product and design is applicable.

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Cordless phone station

In this case the product name suggests a single, manufactured thing.

The representation shows a single item – the physical connection of the phone and receiver (as a station).

The design is limited to what the name identifies (a single thing) and what the representation shows in terms of the overall shape and other visual features that make up the cordless phone station. There is no design right for the phone / receiver as individual products.

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Tap set

Whilst this set of items may be offered together as a single product for purchase, the representation shows more than one product and design – the design of a tap and a spout. In this situation a common design may be an option to consider.

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Bath and shower mixing tap

While the product name identifies that the mixing tap can be used in more than one setting, considered in totality the thing that is manufactured is a mixing tap.

The representation shows a tangible product.

The product name and representation identify a single product design.

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Identifying the product

Product Name: Cartridge

Applicant: ABC Shaving, Inc.​​​​​​​

• The product name identifies a thing
• The representation and the applicant name clearly point to the product being a razor cartridge, which itself is clearly classified in 28-03A
• The detail supplied provides a clear enough indication as to what the cartridge is and does – its purpose
• The application detail sufficiently identifies the product to enable classification in accordance with (the Australian classification system, based on) the Locarno Agreement.
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Product Name: Nozzle

Applicant: FinGold Enterprises Pty Ltd

• The product name identifies a thing
• The representation shows a nozzle, but this nozzle could be used in a range of different settings. There is nothing particular about the representation that provides a clear indication as to its function or purpose
• The product name should be queried on the basis that the application particulars do not sufficiently identify the product to allow for correct classification.
  
  

Product Name: Modular system

Applicant: Acme Furniture Pty Ltd​​​​​​​

• The product name identifies a system, which at face value does not identify a thing
• The applicant name suggests what is represented is a furniture piece, most likely a base
• The product name is likely a reference to a furniture system where multiple pieces can be assembled and disassembled to meet different configurations
• The product name should be queried, however, as although the representation may show what in reality is a piece of furniture, the product name does not clearly identify a product.
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Product Name: Electronic device

Applicant name: Globex Corporation

• The product name suggests a manufactured thing
• However, the product name and representation do not tell us enough about the function or purpose of this device to be able to accurately classify it
• The applicant name also doesn’t provide any clues as to what this device may be and its use
• We require the product to be clearly identified so that we can classify it according to the Australian classification system, which reflects the Locarno classification principles of determining the function or purpose of the product bearing the design
• Understanding what the product is also assists if the design is registered and examination subsequently occurs.