10.5. Product: Product name

Every design application must include a product name. The product name identifies the product to which the design is applied and assists with classification.

The applicant is responsible for providing a product name that:

• Identifies the product shown in the representations;

• Uses the generic name of the product;

• Is sufficiently clear and specific to support classification; and

• Is consistent with the other application particulars.

If no product name is provided, the applicant must be asked to supply one.

Requirements for Product Names

A product name should satisfy the following requirements:

• Match the product shown in the representations

For example, if the representations show a chair, the product name should be Chair.

• Be clear and sufficiently specific 

For example, Building product could refer to any number of things that are classified in a number of different classes. Specify the exact building product.

• Identify the whole product, not just a part

For example, Handle of a spoon is not acceptable. The acceptable product name is Spoon.

• Avoid vague or overly general terms

For example, Textile article could refer to any textile-based item. Use clear and specific terms like Curtain or T-shirt.

The product name electronic device could include a smartphone, tablet, electric mixer, smartwatch, or similar products. If the application includes sufficient information to classify the product, for example representations that clearly depict an electronic device in a recognisable form, then it will not be necessary to query this product name.

• Not include scandalous or inappropriate matter

For example, a product name that condones racism, terrorism or other type of discrimination.

• Not include a trade mark or product code 

For example, Band-Aid or WMF001.

• Not describe a concept 

For example, Product helps improve golf swing. The generic name of the product is required.

Use of Abbreviations

An abbreviation may be used where it is:

• Current and widely understood;

• Commonly used in relation to the product;

• Unambiguous; and

• Consistent with the representations.

An obscure, outdated or ambiguous abbreviation should be queried. For example, VCR may have more than one possible meaning depending on the context. By contrast, an abbreviation such as USB may be accepted where its meaning is clear and the representations support that interpretation.

Clarity and Classification

The product name must:

• Be clear and specific.

• Accurately and precisely identify the product.

• In conjunction with the other particulars in the application facilitate accurate classification.

Inconsistency Between Product Name and Representations

If the product name does not match the representations:

• The product name will be treated as being incorrect.

• A written notice will be issued asking for a corrected name.

• During examination, the product will be considered in light of the representations and the understanding of the familiar person.

Common Design in relation to More Than One Product (section 22(1)(b))

Applications made under s 22(1)(b) must list more than one product. For example, Hat; T-shirt.

Product names should be separated using clear and consistent delimiters. Semicolons are preferred because they clearly distinguish one product from another.

When determining whether more than one product has been identified:

• Product names should identify different specific purposes, even if they share a general function. For example, Single-seat lounge chair; Three-seat lounge suite identify different specific purposes (to seat a different number of people).

• Where products names identify the same general purpose (for example, a chair) and the names claim more than one product based purely on a visual feature (for example, colour), it is unlikely that more than one product has been identified. The product names Blue chair; Green chair are not considered to be more than one product.

• Clarification may be sought if different names appear to describe the same thing.

• Representations should be clearly labelled to show which product name applies to each representation.

Where there is any doubt regarding product names included in an application, this detail may be queried in a written notice.