The designs process
Once you have submitted an application or correspondence you can keep up-to-date with its progress by logging on to our online system.
What happens after my application is received?
Once the Intellectual Property Office has received your application it will be examined.
If your design is registrable at first examination a Certificate of Registration will be sent to you and a notice will be published in the IPONZ Designs Journal to say that your design has been registered.
If your application is not considered a registrable design application at first examination, you will receive an Examination Report outlining the reasons we cannot register your design and amendments/documents required to meet the conditions of registration. You will have 12 months (extendable by up to three months) to file required documents and meet the conditions of registrability.
If matters related to registrability cannot be resolved in this way, you have the right to request a hearing. If you request a formal hearing, you will be required to pay a Hearing Fee, at the time you make the request.
An Assistant Commissioner will then consider the case and issue a written decision, including any order as to payment of costs for example legal costs and disbursements. Read more in our practice guidelines on Cost Awards in Proceedings before the Commissioner.
For more information please see Maintaining a design.
Can my design be cancelled after it is granted?
Yes. The registration can be cancelled or the registration details corrected. The Commissioner and the High Court can cancel or correct a registered design for a number of reasons; for example, because:
- The design was not new and original
- The design was granted to a person who was not entitled to apply for it.
When a registered design is cancelled the owner loses the right to sole use of that design.