A design must be new and distinctive to be registered. This means it can't be the same or similar to designs already produced (even in a sketch). There are certain designs that can't be registered, including designs featuring scandalous graphics.

To prevent registration being refused or revoked, applicants need to be sure their design is new and distinctive. Before filing a design application with IP Australia, you can search existing design records through the IP Australia website . Legal action may be taken against you if you infringe the rights of another designer.

A registered design that has been examined and certified gives you a legally enforceable right to use your product’s design and prevent others from using your design without your permission.