Registration of industrial designs in Canada – Every company that owns an industrial design and intends to expand its business in the Canadian market should use the Canadian intellectual property system. It is paramount for businesses to file an industrial design application in Canada for industrial designs, even if the launch of the respective product on the market in Canada has not yet commenced.
Requirements for industrial design registration application in Canada
An industrial design application in Canada requesting the right of priority must be filed within 6 months from the priority date. This period cannot be extended.
The official language when registering an industrial design at the Canada Intellectual Property Office is English and French. Design applications may be filed in any language; however, a translation into English must be submitted within 3 months from the date of filing.
The following information and documents need to be provided in the application for registration of an industrial design in Canada:
- name, address, and nationality of the applicant, business address;
- proof that the respective fees have been paid;
- design drawings.
No Power of Attorney is required when filing an industrial design application in Canada.
If priority is requested, a certified copy of the priority must be submitted within 6 months of the priority date.
Examination of an industrial design application in Canada
Validity period and renewal of industrial designs in Canada
The renewal period for the novelty of an industrial design in Canada is one year before the priority date or the filing date. This time limit will apply if the industrial design is disclosed by the design creator or by a person authorized by the design creator, the intellectual property office of the country, or a third party that has received the information directly or indirectly from the designer or their designee.
Official licensing fees or annual industrial design maintenance fees are not regulated in Canada. The validity period of an industrial design in Canada is ten years from the filing date.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in Canada should perform an industrial design search in Canada through a law firm, or an industrial design attorney.