Design Primer

Should I conduct a search before applying to register a design?

Time and budget permitting, it may be wise to conduct a search before applying to register a design. If the same or a very similar design has already been disclosed anywhere in the world, it may not be possible to obtain a valid registration for the design. However, in some cases the cost of conducting a search may exceed the cost of filing an application to register the design, and relatively small differences in the design may be sufficient to secure registration in Canada. Thus, the costs and benefits of conducting a search must be carefully considered. No search will guarantee the registrability of any design.