How can you Protect Jewellery Designs in Australia?

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How can you  Protect Jewellery Designs in Australia?

Jewellery design is more than just art—it’s the embodiment of brand, reputation, and creative soul. Whether it’s a unique engagement ring, a sculptural necklace, or a new take on classic earrings, independent jewellers and established brands alike pour effort and imagination into every piece.

So what happens when your design, your signature, ends up copied—or you spot something eerily familiar in another store window?

This is a real threat for Australian jewellery makers, whether you’re working from a studio in Melbourne or selling online around the country. In this article, we’ll tackle key questions such as “How do I protect my jewellery designs?” and “When should I register my designs or trade marks?”.

What Counts as a Jewellery Design?

A “design” in the legal sense refers to the overall visual appearance of a product—shape, pattern, configuration, ornamentation—that gives it a unique look. For jewellery, this can include:​

• The sculptural shape of a ring (for example, the distinctive curve of a Tiffany setting or Canturi’s geometric forms)
• Ornamental features, like intricate filigree, custom stone settings, or branded clasps
• Surface decoration, patterns, and arrangement of gemstones

Australia’s Designs Act 2003 allows you to register your new and distinctive jewellery design so that you gain exclusive rights to use, manufacture, and market the product for up to 10 years. High-end brands like Tiffany & Co., Boucheron, and Canturi routinely register designs for their signature pieces, making it easier to take legal action if copied.

Recent IP Australia filings include modern sculptural rings, statement earrings, modular chains, and artistic brooches—showing that registration isn’t just for big companies, but independent makers and small businesses too.​

The benefit, I hear you ask? Well, if you spot a direct copy of your registered design being sold by someone else—even online—you can send a takedown notice, request compensation, or sue for infringement.

When Should You Register Your Jewellery Design?

Not every piece needs registration, but it’s often worthwhile if:

• You have a new design you plan to release as a core range or flagship product
• You believe your styling or shape is unique in the market
• Your design acts as a “signature look” for your brand (think Hermès “H” buckles or Canturi’s gems)
• You want clear rights for licensing, wholesaling, or collaborations

12-month grace period

Importantly, there’s a 12-month grace period for design registration: if you’ve already published or sold your piece, you still have up to 12 months from that first public disclosure to file an application and secure protection.

After this period, your design is no longer eligible as it would be considered not “new”. In this way the timing your registration is crucial if you want to keep control over your signature creations.

Shape Trade Marks

Beyond design registration, shape trade marks are another way to protect jewellery with distinctive forms—especially pieces that double as a brand identifier.

Trade marks and design registrations protect different aspects of your product and brand.

Design registration covers the actual visual appearance of a product—its shape, pattern, and configuration—primarily to stop others from copying that exact look.

Trade marks, on the other hand, protect how you identify and market your products—things like brand names, logos, words, symbols, and even specific colours or the shape of packaging if they signal a unique source.

Shape trade marks are particularly powerful in jewellery and other industries because they allow brands to protect the unique outline or three-dimensional form of their products as an identifier—not just as decoration, but as a symbol of business identity. By registering a shape trade mark, a designer or company can prevent competitors from copying forms that customers directly associate with their brand. For example, the Hermès “H” buckle and Boucheron’s signature rings are protected as shape trade marks in the jewellery space, just like the iconic Coca-Cola bottle and Toblerone’s triangular bar in food packaging.

These marks become valuable assets when the shape itself tells consumers exactly where the product comes from, providing strong brand recognition well beyond names and logos.

Jewellery trade marks can protect the special ways a brand is identified, not just by its name but also by the look and shapes of its products.

For example, a jewellery business might register a three-dimensional ring design, iconic clasps, or hinge shapes so that other companies can’t use similar pieces to confuse customers. Famous cases include Boucheron protecting both their brand name and the physical shape of their gem-studded rings, Hermès locking in their recognisable “H” belt buckles, and designer brands registering unique clasp or hinge shapes as trade marks.

In addition to shapes, jewellery trade marks often include logos, signature graphics, or exclusive design patterns engraved onto the jewellery or packaging. Some brands will use geometric links, stylised lettering, or special gemstone arrangements, making these elements stand out in the market and helping customers instantly recognise their work.

By registering these kinds of trade marks, jewellery brands secure their creative identity and add an extra layer of defence against copying, keeping their collections both distinct and protected.

These trade marks allow companies not just to defend product copies but to stop imitation of a visual “brand element” that sets their line apart. For a jeweller, registering a shape trade mark means your design communicates your brand identity—even if the words or logos aren’t shown.

Trade Marks for Names and Logos

Deciding between design registration and trade marks, or working out how best to protect your jewellery, isn’t always straightforward—there’s no one-size-fits-all answer. Every situation and every product is different. The best solution usually blends both approaches, keeping your designs safe and your brand strong. If you’re unsure what will work best for your business or collection, reach out to us and we’ll guide you through your options and help you make the right decision for lasting protection.

Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.