Did you know you can get Intellectual Property protection for how your food or beverage product actually looks – a key element in its commercial success.

If your product is on the supermarket shelf, or about to be, it’s not rocket science to realise that its success relies on customers choosing your product over the competitions. Brand recognition and trust are of the utmost importance.

Most food and beverage companies appreciate the significance of trade mark registrations to protect their cherished brand, but that’s not all there is to it.

Often, a product’s visual appearance is what first triggers with the customer, not the actual branding or name. This is especially true where language barriers exist, such as in Asian markets.

Food and beverage companies often don’t realise that their product’s unique look can be protected using design registrations - so we’re here to change that.

A design registration can be for a new 3-D shape, such as a new bottle design, or for a new 2-D pattern, such as artwork on a box. When you think of products, what is it that makes them visually stand out to you?

Design protection for a product or packaging should always be considered, particularly if you want:

  • to prevent or deter your competitors from using similar design elements
  • to have some registered IP rights when there is no ability or need for patenting
  • to launch a product quickly with IP protection in place
  • to have cost effective overseas IP protection in your key markets
  • to have intangible assets (like trade mark rights) that can be sold or licensed, and/or
  • to promote your company as being innovative.

The important thing to remember is that, in most countries, validity of a design registration relies on it being novel, so you can’t launch a product and hope it gets design registration later.