Legal Question in Business Law in Canada

I just designed a bag, but I found out there are similar looking bags are in the market, would there be any problem if I still go ahead on the production of my bag and sell it in the market? Is other companies going to sue me for making the similar bag but I really designed it on my own...

how can I found out the patents or the design is registered or not?


Asked on 8/22/09, 1:36 am

1 Answer from Attorneys

Robert Brouillette Brouillette & Partners

Hi, Indeed you should verify if the bag design/concept has been patented or registered as an industrial design in the territories where you intend to manufacture and/or sell them.

In certain instances of well known designs (relatively rare), there may also be a question of tri-dimensional trademark.

For US patents and design patents you should search www.google.com/patents

For Canada, you should search:

Patents - http://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/introduction.html

Industrial designs - http://www.ic.gc.ca/app/opic-cipo/id/dsplySrch.do?lang=eng

Please feel free to call if you require additional assistance 514-397-6900

Robert Brouillette

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Answered on 8/24/09, 4:35 pm


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