Is your Design Registrable?

Section 1(2) of the Registered Design Act 1949 stipulates that a design is “the appearance of the whole or part of a product resulting from the feature of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation”

In order for your design to be registrable, you must meet the following requirements:

1. The design must be new

It must be a

2. Design which is of an individual character

In other words when an informed (someone familiar with designs in that particular field) user looks at your particular design they perceive it as a design they have never come across before.

3. The design must comply with the formal requirements

The design must be used for industrial purposes. It must not be of an offensive nature, it must not contain protected signs or emblems and technical motives should not be the sole reason for the design to exist.

Therefore, before attempting to register a design, it is far more practical to establish that it is registrable in the first instance to save time and costs.

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