This page will help you get ready to file your application to register a design.
Before applying for a design
Filing an application for design registration can be complicated. We recommend that you seek advice from a professional who is familiar with New Zealand intellectual property law.
Before you apply for your design you will need to prepare:
- Your representations. These are drawings/photos/renderings to show us what your design looks like.
- Your statement of novelty. This is a formal written description of what is new about your design.
Do not publish your design anywhere before submitting your application.
Prepare drawings to represent your design
Designs are all about how something looks. Your application for design registration must include drawings or images to show the features of your design from different angles (or “views"). We call these images “representations”.
Example representations: “IRON MAN” branded ironing board. Design number 402450 (expired). Design by Shane Inder.
Representation checklist
Provide high quality line drawings/photos/renderings
Your representations must be either:
- Line drawings. Must be of draftsperson quality, and have no written specifications or dimensions.
- Photos. Must have plain background, and no other items in the photo.
- Renderings.
Your representations must be visually clear and high quality. They should be suitable for printing to A4 sized sheet of paper.
Show and label all views of your design
You must provide enough representations that a person can clearly perceive what the design looks like from all angles.
Each representation must be labelled with the view shown (for example, front view, left side view, perspective view). The label must be visible in the representation image itself.
More than one representation can be shown in a single image.
Rotate and crop your representations
Your representations should be oriented upright and not include unnecessary whitespace.
Only show your product in your representations
Your representations should only show your product on a blank background. You should show the whole product. The product should not be obscured.
“Yes” to view labels, “No” to other text
Each view within the representations must be labelled with the view shown (for example, front view, left side view, perspective view). The label must be visible in the image itself.
Do not include dimensions in your images.
Do not include descriptive text in your images.
Upload your images as “.jpg” or “.gif” files
Upload each representation as a “.jpg” or “.gif” image file.
More than one representation can be shown in a single representation image, so long as they are all visually clear, oriented upright, and each has an appropriate view label.
You can submit as many representation image files as you need to represent your design.
You can find representations for articles similar to yours by searching the designs register.
For more detailed information, see the Image Standards section of our Representations for designs practice guideline.
Prepare a statement to describe your design
When you apply for a design registration you will need to enter a short statement identifies the features of the design that you want to protect. We call this a “statement of novelty”.
Your statement of novelty must:
- include the same design title you use in the design title section
- state the novel features of the design, being any one or more of the following:
- Shape (for three-dimensional features of the product/article)
- Configuration (typically regarded as synonymous to features of ‘shape’ but may draw attention to different configurations of the same design – such as a cardboard box having folded and flattened states, or a doll with movable arms and legs)
- Pattern (for repeating two-dimensional decorative features applied to the product/article)
- Ornament (for non-repeating decorative features applied to the product/article)
- refer to your representations.
Your statement of novelty should not:
- make claims of advantages of your design
- describe how it is made or how it works.
Example statements of novelty
You can adapt one of the following examples for your statement of novelty, by replacing the article example in capitals with the name of your article.
If your article’s design appeal is its three-dimensional shape
“The design is to be applied to a BLENDER and the novelty resides in the features of shape and configuration as shown in the accompanying representations."
“The novelty of the design resides in the features of shape and configuration of a DESK as shown in the accompanying representations.”
If your article’s design appeal is its two-dimensional decorative features
“The design is to be applied to a FORK and the novelty resides in the features of pattern and ornamentation as shown in the accompanying representations."
“The novelty of the design resides in the features of pattern and ornamentation of a PICTURE FRAME as shown in the accompanying representations .”
If your design is for textiles, wallpaper, or lace
A statement of novelty isn't required for textiles, wallpaper, or lace.
You can find statements of novelty for articles similar to yours by searching the designs register.
Filing your design application
Applications are submitted using our case management facility here at our website. It’s very simple to join, just log in with RealMe®.
Once you’ve registered, to apply for a design:
- In the menu on the left select Design.
- Select Apply for a Design.
- Complete the application form. See below for what is required for each field.
Note: You can save your draft application, just select Save at the bottom right corner of the page. Saved applications are not submitted. Saved applications are kept for 90 days.
Your reference
Enter anything here that helps you identify this application from your other applications.
Identity – who will own the design?
A design registration can be owned by:
- a company
- one or more individual(s)
- other legal entities, such as an incorporated society.
Every application must have an address for service in New Zealand or Australia. The service address can be a business or residential address, post office box or document exchange box in New Zealand or Australia.
Update your address in the Maintain Client section from your Inbox.
If you will be the owner of the application choose In my own right. This will list you as the applicant.
Authorising an agent
If you're acting on behalf of someone else, choose As an Agent. You will need to provide an authorisation of agent document. This document can be uploaded when submitting the application, or later during the examination process. The authorisation must be a digital copy of an original signed document.
Form 1 in the Designs Regulations 1954 indicates what information is required in an authorisation of agent document.
Form Designs No 1 (Authorization of agent) of the Designs Regulations 1954 – New Zealand Legislation
Convention type – have you applied for this design in another country?
If New Zealand is the first country where you have applied for this design, choose “Non-Convention”.
If you have applied to register your design in another country that is also a member of the Paris Convention for the Protection of Industrial Property, you can apply for the same design in New Zealand and claim the priority date from your first application. In that case choose “Convention”.
To claim the priority date from your application in another country you must:
- provide a certified copy of the application from the intellectual property office where it was first filed. (It is not sufficient to provide a copy of the registration certificate.)
- provide a verified translation of the first application if it is not in English, including a verified translation of the certification.
- apply within 6 months of the first application.
The certified copy and translation can be provided during examination of your New Zealand application.
We have further information on our international designs page.
Special categories
If your application is for a textile, wallpaper, or lace, choose that here. Otherwise leave this as “None”.
Design title
Every design needs to have a title. The title is the generic name for the product (or “article”) to which the design relates. The title should be the generic name for your product (e.g. “picture frame”, “ironing board”).
Your design title should reflect if you are seeking protection for a single article, or a set of articles (e.g. “a spoon”, or “a set of cutlery”).
Do not include any description of the physical features of the product or any brand names or trade marks.
Statement of novelty – what’s new about your design?
Your statement of novelty is a short description that formally tells us what you’re seeking to protect in your design registration. We have more information and examples above.
Based design
Most applications are for a new design, and not based on any prior designs.
Your application for a design registration can be based on a design you have previously registered. We call these a “based design”. This may be suitable where your new design is a modification of your existing registered design, or is the same design applied to a different product/article (e.g. an existing design for a spoon applied to a spork).
Take care when considering whether to file a based design.
- It has the advantage that the original design registration cannot be used as proof that the based design is not novel.
- However, the registration period of the new based design is limited to the period of the original design registration. This will be shorter than if you filed a new design.
Deferred Month(s)
Successful design applications are published in the Journal. You can delay the registration (and publication) of your design by up to 15 months.
You can enter a number between 0 and 15 to indicate the number of months you'd like the registration delayed. The delay will begin from the filing date of the New Zealand application.
Article(s) – time to upload your representations
Your application can be for a single article, or for a set of articles where those articles have the same general character and are ordinarily on sale or intended to be used together. For example, a knife is a single article, but a knife and fork that share a design of the same general character can be filed in a single application as a set of articles.
Under Set Size, choose A Single Article or A Set of Articles, then upload representations and a title for each article as needed.
Submit your application
Check your application thoroughly before submitting it. Select Submit when you are ready to proceed to payment. Your fee will display at the bottom of the main application page and on the payment page.
You'll receive a confirmation email advising that your application has been submitted. A confirmation and summary of the submission of the application will appear in the Discussion section of your inbox.
Next steps
See our designs examination process page for information on what happens after you have applied.
See our timeframes page for the current expected timeframe to receive a response to your application.