A citation with a high degree of similarity but which does not show all features of a design, because it isn’t shown from all angles, may not deny the distinctiveness of a design as illustrated by the recent decision of UAB Orbio World [2026] ADO 5 (14 July 2026).
The front, underside and left of the design are shown below:
During examination the below citation was raised as a ground for revocation based on a lack of distinctiveness.
In comparing the Design and the Citation, the Hearing Officer noted that “The Design and the Citation share obvious similarities”.
However, the Hearing Officer stated that: “There will be situations where a citation does not explicitly show all the visual features of a design. For example, the citation might show an image of a product from just one angle. In this situation the examiner needs to consider whether the impression obtained from the particular viewing angle allow for a reasonable assessment not only of the visible angle, but also other angles. A factor relevant to whether such an assessment can be reasonably made is whether there is relevant symmetry in such products – such that the visible features can be said to fairly represent the hidden features.”
It followed that the Citation did not reasonably disclose the presence, position and shape of the left-hand side access aperture of the Design, nor the underside charging port and that while in such devices there is a commonality in the placement of charging ports, the precise shape of the port could not be surmised from the Citation.
Noting that when comparing the Design and the Citation more weight must be given to the similarities rather than the differences, it was nevertheless found that the Citation lacked important visual details of the Design, by virtue of the limited number of views provided. As such, the Design was found to be distinctive in light of the Citation.
This decision highlights that a citation raised during substantive examination of a design registration should show all the features of the design in question. If it does not, perhaps because the citation isn’t shown from all angles, then it is arguable as to whether the citation has been validly raised.
