Author: Joe Conneely, Conneely PC
A Canadian industrial design application will be allowed if upon examination it meets the requirements set out in Industrial Design Act, Industrial Design Regulations, and Industrial Design Office Practices guide. Unless a delay of registration for the application is requested and granted, the subject design will be registered the day after the application is allowed. A delay of registration of up to 6 months from the latest of the date of allowance of the application, the expiry date of a previous delay of registration, or the date the request was made, may be obtained by submitting a request for a delay of registration and the prescribed fee. Previously, a delay of registration would simply commence on the date of its request.
The request for a delay of registration and prescribed fee should be submitted prior to the date of allowance of the application. As there is generally no indication from the Industrial Design Office that an industrial design application has been allowed other than receipt of the certificate of registration, it is recommended that if an applicant desires a delay of registration, then a request and the prescribed fee should be submitted when the application is filed, or as soon as possible thereafter.
When a request for a delay of registration and the prescribed fee have been submitted, and once the application is allowed, the Office will inform the applicant of the date of allowance, the start date of the delay period, and the earliest possible registration date of the subject design once the delay period expires. Note that during any delay period, the applicant may request that the design proceed to registration prior to the end of the delay period.
The delay of registration fee prescribed by the Canadian Industrial Design Regulations is currently CA $100.00. The same fee is required for any further delay of registration requests.
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.
