Maintain a design

Maintain a design

Once you have a design registration or application, make sure it doesn’t lapse or expire by keeping the design details up to date. You can also make changes in response to an examination report through our case management facility.

If any details of your design registration change, it's important to update us to maintain the accuracy of the Design Register.

All requests must be submitted online through our case management system.

Renew a design

A design registration lasts for 5 years from its filing date (or its earliest convention priority date if applicable). You can renew your registration for two further 5-year terms, up to a total of 15 years from the earliest filing date.

You can renew your design registration up to 6 months after the renewal due date. Registrations will lapse if they are not renewed.

Caution: Watch out for unsolicited IP services offering to handle your renewal at a very high cost. More information:

Warning - Misleading invoices

To renew a design as a registered user:

  1. Log in using your RealMe username and password.
  2. In your User Inbox, select Designs then Renew Design.

Becoming a registered user

To renew your design without logging in:

  1. Go to the Manage IP page of our website.
    Manage IP
  2. In the Designs section, select Renew.
  3. Enter your name and email address.
  4. Search for the design you wish to renew, and select the design from the search results.
  5. Review the selection on screen and select Submit.
  6. Choose your method of payment and complete the payment.
  7. You will receive a receipt by email.

Restore a design

Restoration can be requested in the following situations:

  1. Lapsed design registration:
    If you miss the deadline for renewing your registered design, your registration will lapse 6 months after the renewal due date.
    You can request restoration of your registration within 12 months of the date it lapsed.
    If your request to restore a lapsed design is successful, you will be given time to apply for the design to be renewed and pay the renewal fee. Then your design will be restored to the register.
  2. Abandoned design application:
    Your design application will become abandoned if it is not in order for registration within 15 months of the application filing date.
    You can request restoration of your application within 3 months of the date it was abandoned.
    If your request to restore an abandoned design application is successful, it will have the status ‘under examination’, and the time for overcoming any objections will be extended.

You must submit a statement that fully sets out the circumstances that led to the deadline being missed. You will need to show that the failure to meet the deadline was unintentional.

You can still request restoration if you miss the relevant deadline. You will need to show why there was a delay that caused you to miss the deadline.

We may require further evidence, such as in the form of a statutory declaration or affidavit.

To apply to restore your design:

  1. Log on as a registered user of the website. See becoming a registered user, below.
  2. From the left hand menu of your Inbox, select Design, then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Restoration, click Select case for Restoration. The Search for Design(s) screen displays.
  4. Search for the design that you wish to restore. Once you have identified the correct case, check the radio button and then Select.
  5. In the Reference field add a reference of your choice.
  6. Make the changes following the on-screen help.
  7. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Becoming a registered user 

 

Change or add agent

You can request to add or change an agent for a case through our case management facility. You must provide supporting documentation confirming the agent is authorised to act.

  1. Log on as a registered user of the website.
  2. From the left-hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Change Agent, click Select case for Change Agent. The Search Design case(s) screen displays.
  4. Search for the design you wish to amend. Once you have identified the correct case, check the radio button and then Select. The Request Change of Agent on Design(s) screen displays with the case(s) listed.
  5. Enter your Client Reference.
  6. Select whether you are replacing the current agent or adding an agent.
    Note: If the new agent is not the same for each of the selected cases you will need to make a separate request for each case.
  7. To enter the new agent details for the case(s), select Search in the Agents section. You will be taken to the Search Client screen to search for your details. When adding an agent, check Change Contact Details to become the new contact.
  8. Select the Add button in the Documentary Evidence section to upload your Agent Authorisation documentation.
  9. Select Submit to complete your request. The Design Change Request(s) screen displays and a confirmation Info box appears. Click OK to close the box.

Becoming a registered user

To remove an agent:
If you're already the agent for an IP case you'll be given the additional option to remove yourself as the agent.

What happens next:
We'll either accept or refuse your request within 15 working days and send you a response.

Change of ownership

You may request a change of ownership of your design via our case management facility.

Your design must be currently registered for you to request a change in its ownership. You will not be able to request a change of ownership for an application that is still being examined, has lapsed, been withdrawn, or has expired.

The new owner(s) must have an address for service in New Zealand or Australia. Owners may designate an agent to supply the address for service, manage the change in ownership of a design, and receive correspondence from us.

To file a change of ownership request, you must have a digital or scanned document that provides evidence supporting the change in ownership. This could be a deed of assignment or a signed company sale/purchase agreement, for example.

  1. Log on as a registered user of the website.
  2. From the left-hand menu of your Inbox, under Design, select Maintain a Design. The Design Change Request(s) page displays.
  3. Under Change Owner, click the Select case(s) for Assignment button. The Search Design case(s) page displays.
  4. Search for and select one or more Designs you want to change the ownership of. The Record A Change Of Ownership On Design(s) form displays.
  5. Enter your Client Reference.
  6. Select whether you are:
    • The owner (new owner). This option will list you as the new owner of the case by default. You may change this by clicking on the Search button and searching for the correct new owner from our database.
    • Acting on behalf of the owner. This option will allow you to facilitate the transfer of this case to a new owner, and list you as the new agent for this case. You will need to search for the new owner for this design from our database, and provide documentation indicating that you have been authorised to act as the agent for this new owner.
    • Acting on behalf of the owner for this request only. This option will allow you to facilitate the transfer of this case to a new owner, but will not list you as the new agent for this case. You will need to search for the new owner for this design from our database. If this case has an existing agent, this agent will continue being the agent assigned to the case. You must provide documentation that includes an agreement between the new owner and the existing agent indicating that you have been authorised to facilitate this transfer.
  7. Add your documentary evidence and/or agent authority to support your request, then click the Submit button to complete the form.

Once the change of ownership has been validated, you can request for a new certificate of registration that shows the design under the name of the new owner. 

Regenerate a certificate of registration

Change an address and/or name

You can update an address and name recorded for a client ID. These changes will be recorded against the client's details and not on the IP. You can change the:

  • address for service (the new address must be an address in New Zealand or Australia)
  • business or residential address
  • communication address
  • name on the register.

Please note this process is for when the owner is the same but their name has changed. If the ownership of the IP has transferred to another entity please see the “Change of ownership” section above.

Managing your account

Change of Licensee/Mortgagee

You can record details of a licence or mortgage for your registered design. You are advised to seek legal advice when drafting these agreements. A licensee is who you license to use your design. A mortgagee is a party who has a financial interest in your design, similar to when a bank records their interest on a property title if there is a mortgage on the property. 

To add or remove a licensee or mortgagee from a registered design:

  1. Log on as a registered user of the website.
  2. From the left-hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Click Select case for Change Licensee from the Change or Add Licensee/Mortgagee section. The Search Design case(s) screen displays.
  4. Enter the design case number (application number) into the Case Number(s) field and click Search to display the Request a Change of Licensee/Mortgagee screen associated with that design.
    If you don't know the case number you will have to search for and identify the design from the search result list. See searching designs, below, for how to do this.
  5. Enter your Client Reference.
  6. To add the Licensee(s) and/or Mortgagee(s) for the assigned cases select Search by the Licensee(s) or Mortgagee(s) field. The Search IPONZ Client Database screen displays. Search to find the new Licensee(s) or Mortgagee(s), click the radio button alongside the name, then click Select.
    • Note: If you are unable to find the Licensee/Mortgagee by searching the IPONZ database, you can manually add them using the Create New Client ID button.
  7. Upload evidence supporting the agreement(s) by selecting Add in the Documentary Evidence section.
  8. Select Submit. The Design Change Request(s) screen displays and a confirmation Info box appears. Click OK to close the box.

Searching designs

Correct an error

You can request to correct errors or omissions in your design application or registration.

To request a correction:

  1. Log on as a registered user of the website. See becoming a registered user, below.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) screen displays.
  3. Under the heading Amendment/Alteration, click Select case for Amendment/Alteration. The Search for Design(s) screen displays.
  4. Search for the design that you wish to amend. Once you have identified the correct case, check the radio button and then Select.
  5. In the Reference field add a reference of your choice.
  6. Make the changes following the on-screen help.
  7. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Becoming a registered user

Request cancellation of a registered design

You can make a request to cancel your registered design at any time.

If your design has licensees or mortgagees, you must provide evidence that they have agreed to the cancellation of the design.

Once a design is cancelled, it's not possible to reinstate the design's previous status. All rights attached to the design will be immediately removed.

  1. Log on as a registered user of the website.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Cancellation, click Select case(s) for Cancellation. The Request a Cancellation of Design(s) screen displays.
  4. In the Reference field add a reference of your choice.
  5. Search for the design that you wish to cancel. Once you have identified the correct case, check the radio button and then Select.
  6. Select Add to add evidence of agreement to cancel your design.
  7. Select the tick box to confirm cancellation of your design(s).
  8. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Change deferred registration date

Prior to registration, you may request that the registration of your design be deferred to a later date. This controls when the application will be advertised in the journal and become formally registered.

  1. Log on as a registered user of the website. See becoming a registered user, below.
  2. From the left-hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Click Select case for Changing Deferred Registration Date in the Change Deferred Registration Date section to display the Search for Design(s) screen.
  4. Enter the design case number (application number) into the Case Number(s) field and click Search to display the Request a Change of Deferred Registration Date screen associated with that design.
    If you don't know the case number you will have to search for and identify the design from the search result list. See searching designs, below.
  5. In the Request a Change of Deferred Registration Date screen, enter the number of months (between 0 and 15) in the Deferred Months field, and click Submit. The Design Change Request(s) screen displays and a confirmation Info box appears. Click OK to close the box.
  6. Click Close to return to your Inbox.

Becoming a registered user

Searching designs

Notes:

  • The maximum permitted deferment is 15 months, starting from the date of submission of the design application in New Zealand.
  • To allow the design application to be registered immediately, set the deferment period to 0 months.
  • Documentary evidence isn't required in order to change the deferment period.

Request division

An application for a design can be divided into multiple applications. You can 'request division' of your initial application. Each new application will be treated as being filed at the same time as your initial application. Each of these new applications requires an application fee – see the fees table for more information. 

Design Fees 

To request that your application for a design be divided into multiple applications:

  1. Log on as a registered user of the website. See becoming a registered user, below.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Division, click Select case(s) for Division. The Search for Design(s) screen displays.
  4. Search for the design that you wish to amend. Once you have identified the correct case, check the radio button and then Select.
  5. In the Reference field add a reference of your choice.
  6. Select Add a New Design.
  7. Make any necessary changes to divide the design following the onscreen help.
  8. Select Submit. The fee payment screen displays for you to pay the required fee.
  9. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Becoming a registered user

Withdraw a design application

You may request that your application is withdrawn. Once a design is withdrawn, it's not possible to reinstate the design’s previous status.

  1. Log on as a registered user of the website. See becoming a registered user, below.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Withdrawal, click Select case(s) for Withdrawal. The Withdraw Design Application(s) screen displays.
  4. Search for the design that you wish to withdraw by selecting Search. Once you have identified the correct case, check the radio button and then Select.
  5. Confirm you wish to withdraw the design(s) by checking the Confirm withdrawal of design(s) tick box.
  6. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Becoming a registered user

Regenerate a certificate of registration

If you are the owner or the agent of a registered design, you can regenerate its certificate of registration and have the new copy added to your case. This may be useful if your design has recently changed ownership, or has had any information updated that would be reflected in its certificate.

The regenerated certificate of registration will reflect your design as it is currently recorded in the register.

  1. Log on as a registered user of the website. See becoming a registered user, below.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Regenerate Registration Certificate, select Select case for Regeneration of Registration Certificate. The Search for Design(s) screen displays.
  4. Search for the design whose certificate you wish to regenerate. Once you have identified the correct case, tick its radio button and then click Select.
  5. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box will appear. Click OK to close the box.

A regenerated certificate of registration will be produced and added to the documents for your design case.

Becoming a registered user

Enforcing your design rights

Labelling your product as a registered design

You can mark the article or its packaging with the unique IP number (for example, 'NZ Des. Ap. No. …' or 'NZ Des. No.'). In New Zealand, the application and registration number remain the same, and information like owner details and status can be checked by searching the Design Register.

It is an offence for anyone to falsely claim that they have a registered design.

If your design is copied

You can advise the other party that you have a registered design, and ask them to stop the action you see as infringing your copyright. If they do not stop, you may have to consider taking legal action.

We recommend that you do not threaten any legal action without first seeking professional legal advice.

You're responsible for monitoring the way your designs are used and protecting them against infringement. We'll not be able to provide you with assistance if your design copyright is infringed.