GENERAL INFORMATION ON INDUSTRIAL DESIGNS IN CANADA
The success of a product in the marketplace depends not only upon its functionality, but also upon its aesthetic appeal. When it comes to choosing between competing manufactured products, the importance of visual impact cannot be underestimated. Whenever you choose a pattern for dishes or cutlery which is especially pleasing to look at, or a chair which would look great in your living room, you are basing your choice, between two or more functionally equivalent products, upon features of ornamentation, shape, pattern, or a combination thereof.
Everyone has experienced this phenomenon, and manufacturers invest a great deal of money and know-how in designing and producing aesthetically pleasing manufactured articles. Such original industrial designs are considered to be valuable intellectual property, and may strongly influence the success of an entire commercial enterprise.
You may have developed a new design for a functional product that you intend to sell. It could be something as simple as the shape of a picture frame or an air freshener, or as complicated as the hull of a speed boat. If the way the product looks is likely to make it catch on in the market, then you may have a valuable industrial design. At this point, you probably want to know how you can make an industrial design work for the benefit of your business, and how to protect your investment in your design.
The purpose of this treatment is to answer some common questions, and to clarify a few of the misconceptions surrounding industrial designs. Further, we hope that the information provided will start you off in the right direction toward taking full advantage of industrial designs to maximize the protection of your product in the marketplace. If, after reading this treatment, you would like further clarification, we would be pleased to answer your general questions without charge. If the information you require involves providing an opinion on the registrability of your proposed design, or requires a detailed discussion of your particular fact situation, then it will be necessary for you to arrange an initial consultation with one of our lawyers. A flat-rate charge will be levied for an initial one hour consultation, during which time you can obtain further detailed information about the topics covered in this treatment as they relate to your specific situation and receive specific information on how to proceed in protecting your design.
7. OTHER CONSIDERATIONS