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» Registered Design
If you have created a product you can and should register the design of said product. This prevents other people from taking your good idea and making it their own. (Which they can do if the idea is not registered.) This protects your hard work and any brand equity your product has built up.
If you sell a unique product or have spent time and money building a brand based around a product design you need to protect that investment with a Registered Design application. It's not hard to do, it's not expensive (we provide set fees) and you can leave it all to us - to search, register and administer.
Whether it's an idea, a product or a business brand, Etheringtons Solicitors can help you protect your IP, (your Intellectual Property) Australia-wide and worldwide. We have the expertise, the contacts and the knowledge to ensure your IP is safe.
Click here for an overview: How It Works
What is a design?
A Registered Design is the unique and distinctive appearance of a product. It includes the shape, configuration, pattern and ornamentation of the product.
Why do I need Registered Design protection?
If you own a certain design and use it for a commercial or industrial purpose, you need to protect against others stealing the design and making money off your idea.
What does it cover?
You are covered for the visual appearance, not how the item works.
Is it different to copyright?
Copyright protects creative work like music, painting and writing.
How does it protect me?
It deters others from using the same design for their own commercial or industrial activities. For example, you may have designed a popular chair which has a unique look and may wish to prevent a competitor from building the same chair and selling a copy at a cheaper price.
How long does it protect me for?
Five years, renewable.
Can I protect my design worldwide?
In most countries, an industrial design must be registered in order to be protected under industrial design law. As a general rule, to be registable, the design must be "new" or "original". Different countries have varying definitions of such terms, as well as variations in the registration process itself. Generally, "new" means that no identical or very similar design is known to have existed before. Once a design is registered, the term of protection is generally five years, with the possibility of further periods of renewal up to, in most cases, 15 years.
Depending on the particular national law and the kind of design, an industrial design may also be protected as a work of art under copyright law. In some countries, industrial design and copyright protection can exist concurrently. In other countries, they are mutually exclusive: once the owner chooses one kind of protection, he can no longer invoke the other.
Under certain circumstances an industrial design may also be protectable under unfair competition law, although the conditions of protection and the rights and remedies ensured can be significantly different.
You can protect your design with just one registration of an EU design. With this on application your design is covered in all countries of the European Community.
What does it cost?
Design registered in Australia / Germany / European Community.
There is a set lawyer’s fee for Australia-wide protection of $750.00 (plus 10 % GST) for a Registered Design, plus statutory application and registration fees to IP Australia and other jurisdictions.
These fees are currently:
IP Australia - $120 Application fee and $200 minimum Registration fee
Germany - €82 minimum
EU - €900 minimum
Please note that this estimate of fees does not include any costs of correspondence or filing of documents within the opposition period. Any costs arising for a required written submission to the Australian Patent and Trademark Office (IP Australia) within the registration process are also excluded.
Additional statutory application fees relating to the country of protection apply. These fees are payable to IP Australia and will be charged at a later stage of your trademark application.
What do I get for my money?
Detailed legal advice regarding:
- drafting a list of goods and services
- comprehensive advice regarding the search strategy
Registration process with IP Australia or the German Patent and Trademark Office in Munich:
- completion of the relevant application forms
- collation of all documents required with the application process
- lodgement of the application
- remittance of the official Notice of Receipt
- Registered Design application and renewal deadlines and reminder of payment of statutory fees
- remittance of Registration Certificate
Reminder of renewal of registration after 10 years
For FAQ on Registered Design, click here
What next?
Contact us immediately if you have an issue, because timely advice can save money and time. We provide:
- A clear statement of your rights and responsibilities
- Your prospects for success
- An estimate of costs
For professional and effective assistance on Intellectual Property matters, call Etheringtons on 02 9963 9800 or email us at
We can help. Start the online application process here: Quote Form
