Update: Colour as a registrable feature of an industrial design

May 2, 2017

This practice notice supersedes the one issued on January 16, 2017.

The Industrial Design Office (the 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. The Office considers that colour may describe features of ornament or pattern.

Drawings or photographs filed in respect of an application for registration of a design that includes colour as a feature must be filed in paper form and in colour. Current technical limitations prevent the Office from accepting colour drawings or photographs in electronic form. The Office will scan the paper drawings or photographs to display them in colour on the online Industrial Design Database and in registration packages. In the event of a discrepancy between the colour in the paper file that was submitted to the Office and the colour displayed online or in the registration packages, the paper file will be considered to be the best representation of that colour.

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 additional guidance and an overview of the changes is also available.