What to do if you have more than one design

What you should consider before applying

There are a number of things you should keep in mind when applying for multiple designs in a single application. Some things include:

• the applicant, address for service, and entitled person details must be the same for each design in the one application
• each product must be able to be categorised in the same Locarno class
• you'll need to pay a registration fee for each design included
• each design will be assigned its own unique design number
• if you plan to seek international protection, you'll need to claim Paris Convention priority for each design.
• You can request the registration for one, some, or all designs at the time of filing or at a later date. Any designs in the application without a request for registration will automatically proceed to a formalities assessment after the prescribed 6-month period.
• Each design is part of the application until registered, at which point each design exists independently.

Applying for more than one design in a single application has its own benefits and potential drawbacks.

Advantages

• There is a fee discount for the second and any subsequent design in the application.
• Each design will have the same filing date.
• Where there are no formalities issues with the application, registration of the designs can occur all at once or at different times, based on when a registration request is made or deemed.

Disadvantages

• An issue with one design may prevent the registration of any other designs in the application, even if those designs are not part of a request for registration.
• If you request registration for only one or some designs, once these proceed to registration, unregistered designs cannot be moved into another application at a later date.
• Tracking the status of each design can become complex if registration is not requested or deemed for all designs at the same time.

Types of designs that can be filed in one application

There are two situations where you can submit more than one design in a single application.

1. Your product is the same with more than one design

If all of your designs are for the same product, you can submit each design within the one application.

Example: Cups with different designs

2. You have multiple products, each with their own designs

If there are multiple designs applied to multiple products within the same Locarno class, you can submit each design within the one application.

Example: Homewares classified in Locarno class 07

What cannot be considered as multiple designs in a single application

If you have multiple products categorised in different Locarno classes, you will not be able need to submit these in separate applications. All the products in a single application must be in the same Locarno class to enjoy the fee discount.