Canadian Industrial Designs Database Help

Description of Searchable or Other Information Fields

Description of Searchable Fields

Application or registration number: The number assigned to an industrial design application when it is officially received in the Industrial Design Office.

Classification code: Classification index which is made up of approximately 50 main classes that are further broken down into more than 500 subclasses in term of features and/or function.

Classification text: Search on a particular type of article.

Client reference number: Reference number which is assigned to the client.

Court order number: The court order number assigned by the Federal Court identifying the official decision of the court.

Current owner: The name of the current owner recorded with the Industrial Design Office.

Date of registration: The date an industrial design is registered.

Description: Description identifying whether the design relates to the appearance of the entire article or to the appearance of a portion of the article.

Interested parties: The name of the current and previous owners recorded with the Industrial Design Office.

Title: The title identifying the finished article to which the design is applied.

Description of Other Information Fields

Agent: A person or firm appointed by the applicant to act on their behalf.

Applicant(s) as filed: The name of the applicant at the time the application is received at the Industrial Design Office.

Assignee: A person or firm to whom an assignment is made, transferring all or part interest or rights of an industrial design.

Assignment: The transfer of industrial design rights (all or part) from the owner to another party.

• Merger: A merger is the joining of two (or more) companies into one, with one company surviving and the other disappearing. The assets and liabilities of the disappearing company are absorbed into the surviving one.
• Change of name: A modification to the designation of an individual or a corporation.
• Licence: The granting from the owner of a design to another party of certain rights related to the design, including: the right to use, manufacture and /or sell the design.
• Security agreement: An agreement in which personal property (which can include intellectual property) is used as security to assure repayment of a debt.

Assignment Number: A number assigned by the Industrial Design Office to each request to record an assignment affecting one or more designs. This number serves as an identifier for processing purposes.

Assignor: A person or firm assigning rights of an industrial design to another.

Convention priority claim: Canada is a signatory to the Paris Convention. One provision of the Convention provides for a six-month period within which an application to register a design in a Convention country may be filed in other Convention countries. If filed during the six-month period, the application has the same force and effect as if it had been filed in the second country on the first date.

Subsection 20(1) of the Industrial Design Regulations requires that a request for priority must be made in writing and include:

• the name of the country in or for which the application was filed;
• the foreign application number; and
• the filing date of the foreign application.

Divisional application: An application for a design that was initially the subject of another previously-filed application called the parent application; the filing date of which is the same as that of the parent application.

Filing date: The date a completed application is officially received at the Industrial Design Office.

International deposit: See Convention priority claim.

Licensee: A person to whom the owner of an industrial design has granted the right to manufacture, use and sell the design in Canada. Note: "person" includes a corporation.

Licensor: The owner of an industrial design who grants another party the right to manufacture, use and sell the design in Canada.

Maintenance fee paid: Owners of industrial designs must submit a maintenance fee, before the fifth anniversary of the registration date in order to maintain the protection for another five years. When the maintenance fee has been received, this field will display "yes".

Other classes searched: Additional classes searched by the Industrial Design Office.

Other interested parties: Person or group having an interest in an industrial design right other than the current owner.

Parent application: An application that initially related to more than one design and was amended to be limited to one design only; the other designs having been removed and made the subject of one or more divisional applications.

References considered: Canadian industrial design registrations cited or found to be similar and other publications searched by the Industrial Design Office.

Registered proprietor: The name of the person(s) or firm(s) to whom the protection right was originally granted.

Representative for service: The name and address of a representative is required when the applicant's residence and place of business is not in Canada.

Status: Status information of application/registration includes the following fields:

• Abandoned: Failure to respond to an outstanding office report within the specified period for reply.
  
  
• Allowed: The examiner has determined that the application is in an allowable state; it will proceed to registration shortly.
  
  
• Classified: The classification has been assigned.
  
  
• Conformed: All filing date requirements have been met.
  
  
• Examined: The application has been examined.
  
  
• Expunged: The registration has been expunged by an order of the Federal Court.
  
  
• Inactive: An abandoned application where the period for reinstatement has expired. No further office action can be taken.
  
  
• New application: The application is received in the Industrial Design Office.
  
  
• Pre-examined: An examiner has been assigned and the preliminary examination has taken place.
  
  
• Public domain: The industrial design protection has expired.
  
  
• Re-examined: Response to an office action has been received and the application will proceed to be re-examined.
  
  
• Registered: The application has become a registered industrial design and is open for public inspection.
  
  
• Searchable: The application has been pre-examined and will proceed to be searched.
  
  
• Searched: The application has been searched and will proceed to be re-examined.
  
  
• Term of protection: Registered designs are valid for ten years provided that the required maintenance fees are paid. Design protection ends ten years after the registration date and cannot be extended. If the fee is not received before expiry of the five-year period, the additional fee set out in item 3 of the Tariff of Fees will also be required. If the design is not maintained within the five years plus six months, protection ends as of the next day.
  
  
• Transferred: Two or more applications have been combined into one application.
  
  
• Withdrawal: The application has been voluntarily withdrawn. No further office action will be taken.