2.6. Application for registration: Types of applications (s 22)

A design application:

• must meet the minimum filing requirements
• must be submitted by an entitled person
• may include more than one design and identify more than one product.

The acceptable scenarios are outlined in s 22 and discussed in detail below.​​​​​​​

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Applications for a single or common design

One design, one product

A design owner may apply to register a single design applied to one product (s 22(1)(a) and s 39). This type of application consists of a single product name and representation(s) that are consistent in detail, including visual features, showing a single design.

Example

Common design applied to more than one product

A single design application can be made for a common design applied to more than one product (s 22(1)(b)) and s 39). This means the application listing more than one product name and the representations corresponding with the product names included, with each representation showing the visual features common to each product.​​​​​​​

Example

​​​​​​​It is important to remember that an insignificant but shared visual feature, applied to more than one product, will not generally equate to a common design application. The overall appearance must be taken into account, assessing the commonality of all the visual features that make up the design of each product, that a designer has control over.

A common overall appearance is not limited to shape characteristics. Products could also share a common pattern and/or ornamentation, for example the same pattern applied to a dress, a pair of shoes and a handbag. Although the overall shape of each product included in a common design application might differ based on the nature of the products, a common design must be clearly shown across the products. Where two products by their very nature cannot strictly share the same overall shape, consideration should be given to the areas that are able to share the same design.

Key considerations, when trying to determine whether a common design applies, include:

• Weighing up the significance of the shared visual features, as part of determining whether they contribute to a common overall appearance being seen across the products.
• Where visual differences and inconsistencies exist:
  • are they visual features that a designer has any control over, taking into account the product names supplied? For example, are they purely functional design features?
  • if not, are the visual differences/inconsistencies immaterial? Their impact when considering the overall appearance of the products needs to be assessed.

Examples of products which may have differences in overall shape, but in practice often can amount to a common design include:

• knives, forks and spoons (handle design)
• dress, shoes, handbag (pattern and/or ornamentation)
• curtains and cushions (pattern and/or ornamentation).

See Representations for further information regarding representations, including a pictorial example of a common design. See Product for further information regarding the requirement that more than one product be listed. ​​​​​​​

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Applications for more than one design

Multiple designs, one product

A design owner may apply to register more than one design applied to one product (s 22 (1)(c) and s 40). The application must provide a single product name and each design must be separately and clearly indicated. A single sheet cannot be used to show more than one design.

Example

This example shows 4 different designs for a mug. There will be a separate application fee for each design.

While the designs in a multiple application are ‘linked’ until registration, they are allocated separate design numbers.

Where an application is submitted under s 22(1)(a) with a single fee but the application details show more than one design (further designs), the applicant can pay the additional fees for each design to convert to a multiple design application.​​​​​​​

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Multiple designs, multiple products

A design owner may apply to register more than one design applied to more than one product (s 22(1)(d) and s 40).

There will be a separate application fee for each design.

While the designs in a multiple application are ‘linked’ until registration, they are allocated separate design numbers.

The product names in the application need to match the representations. Again, each design must be separately and clearly indicated. A single sheet cannot be used to show more than one design. 

​​​​​​​This type of application can only occur if all the products belong to the same Locarno class (they may be in different subclasses).

Example 

This example shows 3 different products with 3 different designs, all part of a homewares range. These products are all in the same Locarno class (07).

If the different designs were for a hat (Locarno class 02), a watch (Locarno class 10) and a handbag (Locarno class 03), this would not be allowable in a single application. The applicant would be required to delete or exclude 2 of the 3 designs.

​​​​​​​If more than one design is included in a single application, the entitled persons must be the same for each design. If this is not the case, separate applications are required (s 22(2)).