Details Design Registration Canada
Here you can mandate us to obtain design protection in Canada.
We will prepare and file your design application in Canada and inform you about the progress of proceeding. Our offer includes the fees of the intellectual property office for the application, publication and registration of your design.
A registered design right in Canada will be established through a registration. The maximal duration of an exclusive right for an industrial design is 10 years beginning on the date of registration of the design. The proprietor of a design shall, to maintain the exclusive right accorded by the registration of the design, pay to the Commissioner of Patents maintenance fees. Where the maintenance fees are not paid within the time provided for by the regulations, the term limited for the duration of the exclusive right shall be deemed to have expired at the end of that time.
The first term of design protection in Canada will be 5 years calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if the application in Canada was filed within six months from the earliest date on which the identical foreign application was filed. It can be renewed fo another 5 years.
During the existence of an exclusive design right, no person shall, without the licence of the proprietor of the design, make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered and to which the design or a design not differing substantially therefrom has been applied; or do, in relation to a kit, anything similar that would constitute an infringement if done in relation to an article assembled from the kit.
The author of a design is the first proprietor of the design, unless the author has executed the design for another person for a good and valuable consideration, in which case the other person is the first proprietor.
A design is assignable in law, either as to the whole interest or any undivided part, by an instrument in writing, which shall be recorded in the office of the Commissioner of Patents.
Every proprietor of a design may grant and convey an exclusive right to make, use and vend and to grant to others the right to make, use and vend the design, within and throughout Canada or any part thereof, for the unexpired term of its duration or any part thereof. Such a grant and conveyance shall be called a licence, and shall be recorded in like manner and time as assignments.
Multiple desig applications are not possible.
The registered design in Canada is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design. No design protection shall extend to features applied to a useful article that are dictated solely by a utilitarian function of the article; or any method or principle of manufacture or construction. A design registration request will be refuse if the application for registration is filed in Canada more than one year after the publication of the design in Canada or elsewhere, in the case of an application filed in Canada on or after the day on which this subsection comes into force; or more than one year after the publication of the design in Canada, in the case of an application filed in Canada before the day on which this subsection comes into force.
An official certificate of registration is shall state the date of registration, the name and address of the proprietor and the registration number.
For the registration of a design in Canada you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- images or drawings showing only your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- contact details of the client;
- contact details of the to be regsitered owner of the industrial design right and
- if the regsitered owner shall be a juristical person we need a copy of the commercial register;
- name of the natural person(s) who created the design;
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
- a declaration that the design was not, to the proprietor’s knowledge, in use by any person other than the first proprietor at the time the design was adopted by the first proprietor
If you engage us we will render the following services :
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Or offer does not include services in regard to oppositions or office actions.
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