A Canadian industrial design registration is valid for 10 years from its registration date, provided that a single maintenance fee is paid. The single maintenance fee (or renewal fee) is due 5 years from the registration date. The maintenance fee prescribed by the Canadian Industrial Design Regulations is currently CA $350.00. There is a 6 month grace period after the due date during which a missed fee may be paid. The prescribed surcharge for paying the maintenance fee during the grace period is currently CA $50.00.
Recall that an industrial design registration protects the look of a product, that is, the product’s visual or ornamental features. It may protect the shape of a new chair, the pattern on the sole of a shoe, or the layout of a display screen. In addition, an industrial design application should be filed before the design is publicly disclosed. Canada has a one year grace period after a public disclosure of a design during which an application may be filed. Finally, an industrial design application must be filed in each country where protection is desired, for example, Canada and the United States.
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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.