What is an industrial design? An industrial design registration protects the aesthetic features of manufactured articles. Industrial design protection may be obtained for the shape, configuration, pattern, and ornamentation of the article, provided that these features have sufficient "eye appeal". The articles typically covered by industrial design registrations include jewelry, furniture, clothing items, and cutlery. To obtain an industrial design registration, an application must be filed within one year of the first publication of the design anywhere in the world. Publication includes the distribution of the article itself, or showing the design at a convention or in a brochure.

Industrial design law operates at the intersection of patents, trade-marks and copyright. In many instances a design may be capable of being protected with a trade-mark registration, as well as an industrial design registration We have a variety of services to help you assess and protect your designs, including:

• Industrial design searches
• Industrial design registrability opinions
• Drafting, filing and prosecuting industrial design applications or equivalents in Canada, the United States and throughout the world
• Enforcing industrial design registrations and/or commencing infringement actions in the Federal Court of Canada
• Maintenance fee payment

Can I obtain both industrial design and copyright protection for my design? A design is not entitled to copyright protection if more than 50 copies of the article are manufactured anywhere in the world. However, the Copyright Act provides a number of exceptions to this rule where the work is used for:

• a trade-mark or logo
• a graphic or photographic representation applied to an article
• an architectural work in the form of a building or a model of a building; or
• a representation of a real or fictitious being, event, or place applied to an article.

Therefore, in these limited situations, it may be possible to obtain multiple forms of intellectual property protection.

Can I obtain both industrial design and trade-mark protection for my design? Yes. Pursuant to the Trade-marks Act, a design may be registrable as a "distinguishing guise". However, the exclusive use of the distinguishing guise must not be likely to unreasonably limit the development of any art or industry. Furthermore, while a distinguishing guise may possess a functional element or component, the shape of the distinguishing guise must not be solely dictated by the functionality of the product.