Practice notice: Colour as a registrable design feature of an industrial design

January 16, 2017

The Industrial Design Office takes the position that colour may form part of a combination of features that constitute a design as defined in section 2 of the Industrial Design Act. Colour by itself is not considered to fall within the definition of a design.

In the case of an application for registration of a design that includes colour as a feature, the description must state that colour forms part of the design.

Drawings or photographs filed in respect of an application for registration of a design that include colour as a feature, must be filed in paper form and in colour. Due to current technical limitations, the Office is unable to accept colour drawings or photographs in electronic form. For colour drawings or photographs filed in paper form, the Office may display a black-and-white version on its database, and annex a black-and-white version to the certificate of registration.

This practice notice is intended to provide guidance on current Industrial Design Office practice but is not binding on the Office. In the event of any inconsistency between the Industrial Design Office Practices guide and this practice notice, the notice is to be followed. In the event of any inconsistency between this practice notice and the applicable legislation, the legislation must be followed.

A fact sheet providing an overview of the changes is also available.

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