Using an Industrial Design symbol

Region: Ontario Answer # 327

Once an industrial design has been registered, a special mark can be placed on the article to let other people know the article’s design is protected. The symbol for a registered industrial design is a capital “D” inside a circle [“Ⓓ”], which should then be followed by the name of the owner. Although the Industrial Design Act does not require that industrial designs be marked, it is a good idea to do mark your design.

Marking may deter other people from infringing or copying your industrial design. If your products are appropriately marked, you can show that the infringer should have been aware that you registered your industrial. If someone does copy your design, a court can order that individual to stop using your design and to also pay you compensation. If the product is not marked to show that the design is registered, then the court may only order the person to stop using your design and you may not be compensated for all the loss you may have suffered because of the infringement.

If someone copies or imitates a design that you are the registered owner of, and you want to take legal action, you should contact a lawyer for advice and assistance. The time limit for starting a lawsuit on industrial design infringement is three years. However, delay can result in prejudice to you so you will probably want to stop the infringement as soon as possible. You should consult a lawyer for advice and legal help.

For more information about industrial designs, refer to the Canadian Intellectual Property Office.



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