11 February 2025
In Australia, businesses and designers can protect their product designs through two key mechanisms: registered designs and 3D trade marks. While both safeguard visual elements, they serve different purposes. Here’s a quick guide to their distinctions.
Registered Designs
Registered designs protect the visual appearance of a product, such as shape, pattern, or ornamentation. However, they don’t cover functional or technical features.
-
Scope: Protects the product's aesthetic design, e.g., a chair’s unique shape or a handbag’s pattern.
-
Requirements: Must be new and distinctive. Application is filed with IP Australia, including design details.
-
Duration: Protected for 5 years, renewable for another 5 (maximum 10 years).
-
Rights: Exclusive rights to use, license, or stop unauthorised use—effective only after certification.
3D Trade Marks
3D trade marks protect shapes that function as brand identifiers, focusing on distinctiveness rather than aesthetics.
-
Scope: Covers shapes that distinguish goods or services, e.g., a bottle contour associated with a brand.
-
Requirements: The shape must be distinctive and capable of identifying the product’s source.
-
Duration: Protection is indefinite if renewed every 10 years and actively used.
-
Rights: Exclusive rights to use the shape as a brand, preventing consumer confusion from similar designs.
Key Differences
-
Purpose:
-
Registered designs: Protect the product’s look.
-
3D trade marks: Protect the shape as a brand identifier.
-
Duration:
-
Registered designs: Up to 10 years.
-
3D trade marks: Indefinite with renewals.
-
Requirements:
-
Registered designs: Must be new and distinctive in design.
-
3D trade marks: Must distinguish the product in the market.
Understanding these options helps businesses protect their creations effectively. Choose a registered design for aesthetic protection or a 3D trade mark for brand identity.
