A Canadian industrial design application will become abandoned for failure to respond to an office action (or Examiner’s report) by the due date specified in the office action. The date of abandonment will generally be the due date by which a response to the office action should have been filed. An abandoned industrial design application may be reinstated within 6 months from the date of abandonment by submitting a request for reinstatement, a response to the outstanding office action, and the prescribed reinstatement fee. The reinstatement fee prescribed by the Canadian Industrial Design Regulations is currently CA $200.00.
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.