trademarkeservices-111
 Alex Ferrante

Alex Ferrante

Director of Australian Patent & Trademark Services Pty Ltd.

Product Design Protection

A Registered Design will allow you to claim ownership on any new shape, configuration, pattern or ornamentation. Design rights can be obtained for new shapes of existing products. For example, the new shape, pattern or ornamentation of a whiskey glass.

Registered Designs have a total 10 year term protection, and overseas rights can be obtained to protect your overseas product design markets.

Registered Designs can protect any new shape of glassware, bicycle helmets, boot or shoe designs, truck or vehicle components or fittings, phone covers, coffee cups and so forth.

Contact our Patent Attorneys today to register the new appearance of your product. A “Registered Design” is a monopoly allows you exclusivity to the appearance so that competitor’s cannot make copies to compete with you.

If your new product Design creation is likely to achieve great sales, then you should see our Patent Attorneys to register the design before you publish, sell or disclose the idea.

Early disclosure will void your entitlement to the Design. If the Design drawings that are lodged with IP Australia have the wrong detail, this will leave you with at best a “weak” case and more likely “no” enforcement case ability.

Competitors will seek advice from their Patent Attorneys whether the Design as lodged is enforceable, so it is worth having a professional Patent Attorney represent you for the process.

It is not IP Australia’s role to comment on whether your drawings are correct per the requirements of the Designs Act or what Courts will expect.

Example of a Coffee Cup Design which is subject of a Court case:

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