The article and its class
Whether it is the three-dimensional shape of a chair or a two-dimensional pattern applied to upholstery fabric, designs must be applied to something. In the same way that we have a classification of goods and services for purposes of trade mark registration (see the discussion in the section Classification: goods and/or services), there is also a classification system for design registrations. There are 32 design classes, or categories.
| Classes of designs | |||
|---|---|---|---|
| 1 | Foodstuffs | 2 | Clothing and haberdashery |
| 3 | Luggage and personal belongings (not specified elsewhere) | 4 | Brushware |
| 5 | Textile goods and sheet material | 6 | Furniture and furnishings |
| 7 | Household goods (not specified elsewhere) | 8 | Tools and hardware |
| 9 | Packages and containers | 10 | Clocks, watches, and other measuring and checking instruments |
| 11 | Jewellery and other articles of adornment | 12 | Means of transport and hoisting |
| 13 | Equipment for electricity production and distribution | 14 | Recording, data processing and communication equipment |
| 15 | Machines (not specified elsewhere) | 16 | Cameras and optical apparatus |
| 17 | Musical instruments | 18 | Printing and office machinery |
| 19 | Stationery, artists and teaching materials | 20 | Sales and advertising equipment and signage |
| 21 | Games, toys and sports goods | 22 | Hunting and fishing goods |
| 23 | Air conditioning, fluid distribution, sanitary equipment | 24 | Medical and laboratory equipment |
| 25 | Building and construction items | 26 | Lighting apparatus |
| 27 | Tobacco and smoking goods | 28 | Pharmaceutical and cosmetic goods, toilet articles |
| 29 | Fire, rescue and accident prevention equipment | 30 | Animal care articles |
| 31 | Food and drink appliances | 99 | Miscellaneous |
You will note that our trolley example is in Class 12. It is a means of transport, not so? Cars, ski-lifts and aeroplanes also fall in Class 12. The correct classification is significant because the registered protection extends to any article included in the class. (We look at infringement shortly.)
Some of the classes overlap, for example classes 14 and 18. You can get a directive from the Registrar of Designs determining the correct class if there is doubt. You can also register the design in more than one class.
Read section 15(4) of the Designs Act.
Now that we understand how the proprietorship of a design works and how a design is classified, we will consider the definitive and explanatory statements.