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In Intellectual Property (IP) Law, an original creation that is ornamental in nature or has an overall visual appearance that is new and distinctive in products is referred to as an Industrial Design.
This creation, when applied to a product or incorporated into it, gives a unique or special appearance to it that is recognisable to your brand.
Industrial Design Rights protect the visual design of products only, it is not intended to protect any technical development of a product.
Your unique creation may be classed as an Industrial Design based on its shape, configuration, outline, colour or blend of colours, texture, material or lines.
Your design may be two or three-dimensional in nature and must meet several criteria to be granted exclusive Industrial Design Rights.
Famous examples of Industrial Design include the Coca-Cola contour bottle, the shape of a Volkswagen Beetle and the Eames lounge chair.
Each of these examples demonstrates the value of protecting an Industrial Design as a component of a brand's success. All three are instantly recognisable as belonging to that brand and have aided in the marketing and establishment of a reputation long-term.
Filing a Design Rights application in Australia follows a similar process to securing a patent.
You must lodge an application with the Designs Office at IP Australia using the prescribed form and in accordance with all relevant criteria.
To ensure a smooth application process free of errors and with all proper checks performed before submission, it is best to engage an IP attorney.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.