Protecting Product Packaging Through Design Registration

In some circumstances, product packaging itself may qualify for intellectual property protection.

A registered design may help protect the visual appearance of a product, including shape, configuration, pattern or ornamentation, provided the design is new and distinctive.

This can be particularly relevant for:

• Consumer goods
• Luxury products
• Packaging
• Furniture
• Industrial design
• Lifestyle brands

Distinctive packaging can become highly valuable over time, especially where visual recognition forms part of the broader brand identity.

Importantly, public disclosure before filing may affect registrability in certain circumstances. Timing can therefore be critical.

When used strategically alongside trademarks, design registrations can form part of a broader brand protection strategy.

TRDMARK assists Australian and international businesses with trademark strategy, brand protection and intellectual property matters.