Reading time: 2 minutes

In the cutthroat fashion industry, design houses have found more ways to sharpen their blades and corner more sections of the market. High street brands are increasingly diversifying by creating a poorer sister brand – we’ve seen it with See by Chloe and Alexander Wang for H&M, plus more. ‘Nasty Gal’ saw dollar signs when Taylor Swift recently attended an awards event sporting their white jumpsuit design, retailing for $45. Swiftly grabbing glory on social media, it all came tumbling down when Tay Tay confirmed that she was wearing high-fashion house Balmain’s design (retailing for $2,000), not Nasty Gal’s. If you want to register a design, this article will give you some tips and pointers.

How can I avoid such embarrassing faux-pas? Protect your design!

A design is protected if it is registered under this act. To register a design, you need to meet a few requirements.

A design is registrable if the design is new and distinctive when compared with the ‘prior art’ base for a design as it existed before the priority date of the design. The prior art base consists of designs publicly listed in Australia and those published in a document within or outside Australia.

What exactly is a ‘design’?

A design, in relation to a product, means the overall appearance of the product resulting from one or more visual features of the product.

Suggestions for protecting your design

  1. Do your research. Before you even think of registering your design, make sure yours does not infringe on an already existing design registration.
  2. Confidentiality is your best friend. Keep your precious design a secret until it is registered. Don’t show it, don’t upload it, post about it or sell it. If you don’t keep it secret, you can’t register.
  3. Spreading the word. After (and only after) you have successfully registered your design, make sure you advertise the fact that you have a registered design by including the words “registered design” on swing tags or other labels.

Conclusion

To register a design, get in touch with the design registration experts at LegalVision. We have IP lawyers with a wealth of experience in trade marks and design registration, who will provide you with a fixed-fee quote to assist.

Webinars

New Kid on the Blockchain: Understanding the Proposed Laws for Crypto, NFT and Blockchain Projects

Wednesday 25 May | 10:00 - 10:45am

Online
If you operate in the crypto space, ensure you understand the Federal Government’s proposed licensing and regulation changes. Register today for our free webinar.
Register Now

How to Expand Your Business Into a Franchise

Thursday 26 May | 11:00 - 11:45am

Online
Drive rapid growth in your business by turning it into a franchise. To learn how, join our free webinar. Register today.
Register Now

Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

Online
If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Online
Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Online
Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2019 Most Innovative Firm - Australasian Lawyer