At IP Guardian, we assist product-based businesses in protecting the visual aspects of their designs before they reach the market. Design registration plays a key role in preventing imitation and ensuring that the look and feel of a product can be commercially controlled.

The Challenge

A product-based business had developed a new product and was preparing for public release. A key concern was protecting the visual appearance of the product, including its shape, configuration and overall design.

Because design rights in Australia rely on the product being new and distinctive at the time of filing, any early disclosure could affect registrability. This created a timing issue, particularly as the client was also working with manufacturers and distributors ahead of launch.

The client needed to secure protection before the product became public, while ensuring the design application accurately captured the features that would distinguish it from competing products.

Our Approach

We worked closely with the client to understand the product’s visual features and how it would be presented in the market.

Advice was provided on design registrability, including what aspects of the product were likely to meet the requirements of being new and distinctive. From there, we prepared high-quality visual representations to ensure the key features of the design were clearly and accurately captured.

Our work focused on:

  • Assessing the registrability of the product’s visual features
  • Identifying the aspects of the design that required protection
  • Preparing clear and precise design representations
  • Filing design applications prior to public disclosure

We then lodged the design application in a way that secured the earliest possible filing date, while ensuring the scope of protection aligned with how the product would be manufactured and marketed.

The Result

The design was successfully registered, providing the client with enforceable rights over the visual appearance of the product.

This reduced the risk of copycat products entering the market and allowed the client to maintain control over how the design was used commercially. It also strengthened the client’s position in discussions with manufacturers and distributors, providing clarity around ownership and permitted use of the design.

In addition, having registered rights in place supported more confident decision-making around production and launch, with a clear framework for addressing any unauthorised use if it arose.

Protect Your Product Design Early

If you’re developing a new product, protecting its visual appearance before release is critical. Design rights depend on the product being new and distinctive at the time of filing, so any public disclosure can affect your ability to secure protection.

Speaking with IP Guardian early allows you to assess registrability, identify which features should be protected and prepare the right materials before engaging manufacturers, distributors or marketing channels. This helps ensure your application accurately reflects how the product will appear in the market.

Taking a considered approach also strengthens your position if similar products emerge, giving you clearer grounds to enforce your rights and maintain control over how your design is used commercially.