Author: Joe Conneely, Conneely PC
A Canadian industrial design application may now include colour (or color) as registerable subject matter. The Canadian Industrial Design Office has taken the position that colour may form part of a combination of features that constitute a design as defined in Section 2 of the Industrial Design Act. However, colour by itself is not considered to fall within the definition of a design.
In an application for registration of a design that includes colour as a feature, the description portion of the application must include a statement that colour forms part of the design. In addition, the drawings or photographs included in such an application must be filed in paper form and in colour. The Industrial Design Office is unable to accept colour drawings or photographs in electronic form at the present time due to technical limitations.
For further information, or if you have any questions, please contact us.
At Conneely PC, we expertly draft, file, and prosecute industrial design applications. Our industrial design drafting and prosecution experience extends from display screens and icons to containers, furniture, vehicles, consumer electronics, fashion, and apparel. If you need an experienced Canadian design lawyer, agent, or attorney for prosecuting your design applications in Canada, please contact us. By specializing, using the latest technology, and controlling overhead costs, we deliver great service for reasonable fees.
