In Canada, an Industrial Design Registration is the corresponding form of protection to Design Patents in the United States. Like Design Patents, an Industrial Design Registration protects an article’s appearance or non-functional aspects, and describes a distinguishable aesthetic element of manufactured items such as shoes, clothing, furniture or tools. It focuses on protecting the design features on objects that are not necessarily patentable because they perform a known function.

Our IP group can help you through the process of submitting industrial design applications and obtaining registrations, which grants you exclusive use of the design in Canada. This prevents others from making, importing, renting or selling any article made with your registered design.

Understanding the Canadian Industrial Design protection process

In Canada, design applications must be filed within one year of “publication,” which means making the design public. Once an application is filed, an Examiner at the Canadian Intellectual Property Office (CIPO) reviews the application and searches for similar designs to determine if there are objections. On average, the process of obtaining an industrial design registration will take approximately 12 to 18 months from the date of filing to registration. We work closely with you throughout the process, to ensure you are aware of both the timelines and CIPO expectations.

Our team brings extensive experience in all relevant areas of Canadian intellectual property law to our work on industrial design applications and registrations. This allows us to help guide you and your clients through their various options, explain the relationship between patent, copyright, trademarks and industrial design in a Canadian context and support you in providing services to your clients.