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

Product names

Some product names may indicate that the design is not applied to a product defined at s 6. Alternatively, a product name may use terminology that is otherwise acceptable, but the representation(s) do not show a product that meets the requirements of s 6. The product name, in addition to meeting the s 6 requirements and being able to be classified, needs to be consistent with what is shown.

Product name: Logo to be used on a t-shirt

A logo is not a thing that is manufactured or hand made. This product name is not acceptable.

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Product name: ​​​​​​​T-shirt with logo

A t-shirt meets the definition of a product. It is a thing that is manufactured or hand made. The product is the t-shirt and the t-shirt design includes the logo as a visual feature. This product name is acceptable.  

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Product name: Jacket with detachable hood​​​​​​​​​​​​​​

A jacket is a thing that is manufactured or hand made. This jacket is a complex product that includes a physically connected hood that can detach and re-attach. The product here is the jacket that includes the hood as a detachable part. The overall appearance of the product includes the hood part, attached to the jacket. The representations directly above, including the exploded views, show how the components form together and what the assembled product (the jacket with hood) looks like. This is an example of a complex product.  

Product name: Ink cartridge for a printer

This product name identifies a thing that is manufactured or hand made. The product name identifies a component part (ink cartridge) of a complex product (printer). The ink cartridge is considered to be a component that is manufactured and offered separately from a printer. A printer includes parts that can disengage and re-engage (and disassemble and reassemble). This product name appears to be consistent with what is shown. This is an example of a component part of a complex product, s 6(2).

Product name: Textile square

A textile square is a thing that is manufactured or hand made. The key design feature is the repeating pattern. The product name, representation and labelling confirm that this thing, which includes more than one indefinite dimension, is a product meeting s 6(3)(d).

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Product name: Model airplane kit 

While the Exploded View shows a number of different disconnected parts and detail, the representations confirm that the parts assemble to create a single thing. The design right is what is shown in the perspective view. The product name is consistent with the product shown. The product is the assembled (model airplane) kit, meeting s 6(4).

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Product name: First aid kit

While this collection serves the single purpose of performing first aid, the different items do not assemble to create a single thing. There is not one particular product. The product name and representations do not identify a single product design.

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Product name: Tap set

While this set of items may be offered together as part of a single offering, the product name suggests more than one product and the representation shows more than one product and design – the design of tapware and a spout. The product name is not acceptable because, when considered together with the representation, it does not identify a single thing.

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Identifying the product

Whilst the product name is the primary identifier of the product to which the design relates, the application details should be considered holistically when determining whether the product or products have been sufficiently identified to enable correct and accurate classification.

Product name: Cartridge

Applicant name: 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 name: 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 applicant name offers no clear information as to what the nozzle may be and its function or purpose. The application details should be considered holistically.

• 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 name: 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 application details should be considered holistically.

• 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 and at face value is not consistent with what is shown.
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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 representation does not clearly show what would be understood and recognised as an electronic device. This uncertainty impacts the ability to correctly classify what is shown in the representations.

• The applicant’s name also doesn’t provide any clues as to what this device may be and its use. The application details should be considered holistically.

• 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.