Originally published June 29, 2016
Today, on World Industrial Design Day,
we highlight some of the reasons to register industrial designs in
Canada.
Canadian design registrations are part of a strong IP
portfolio
Design protection complements other forms of IP protection, to
provide comprehensive IP coverage. For example, an initial
industrial design registration, followed by a trademark
registration, can provide seamless protection for the appearance of
an article. Specifically, Canadian law allows for the appearance of
an article to act as a trademark. Such a trademark is known in
Canada as a 'distinguishing guise'. To support a claim for
rights in a distinguishing guise, an applicant must show that the
public associates the appearance of the article with its source.
When a product is new to the marketplace, it can be registered as
an industrial design. Over the term of the design
registration, the owner can develop the recognition of the
appearance of the
