your sketch without your permission. It is a mistake to use the terms "trademark" and "brand" interchangeably, as they have very important differences. If you have a legal or financial matter, please consult the appropriate professional (lawyer, accountant, etc.). What’s the Difference Between a Hedge Fund and Investment Bank? However, the situation has undergone a sea of changes over the time. Intellectual property can be a tricky field to understand, but navigating it properly can mean the difference between waging a vicious court battle to protect your legal interests and quietly enjoying the fruits of your creative labors. A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code. Sign up to receive our FREE Trademark Guide delivered directly to your email in daily installments. Small Business Obtaining Financing Entrepreneurship 101 Basics Freelancing & Consulting Operations . The big difference between copyrights and trademarks is the latter has to do with words, symbols and colors that are associated with your brand. Two of the most frequently confused intellectual property rights are copyrights and trademarks. The amount of those fees is shown in the lists below. Trademark Infringement in Canada As mentioned in a previous article, owners of unregistered trademarks can sue for “ passing off ”. The Canadian Intellectual Property Office (CIPO) will process your application according to the steps below. (The term “trademark” is often used in a general sense to refer to both trademarks and service marks. Brand: Everything You Need to Know Trademark Law Resources Types of Trademarks How To Register A Trademark. This article may include references and links to products and services from one or more of our advertisers. Copyright law, trademark law, and patent applications will likely all come into play. If you want to continue trademarking your products, you have to apply again. Registering a Canadian Trademark prohibits its use by another person in the similar context. Trademark [treyd-mahrk] – noun A trademark or trade-mark is a word, a phrase, a symbol or design, or a combination of these, used to identify the goods or services of an individual, business organization or legal entity from those of others in the marketplace. Names, logos, and slogans are common trademarks. Definition of a Patent. After all, if someone happens to beat you to it, you have no legal recourse. By: Gisella Zuñiga Galván* Though there are similarities in the European Union and the United States trademark systems (for example, registered trademarks under both systems are valid for ten years), there also are major differences. Things that you create, such as artistic, musical, and literary works are intellectual property and protected by copyright in Canada. In Canada, copyrighted material is protected under the Copyright Act of Canada, which was enacted in 1921 and has since been updated, most recently in 1997. I started up a small consulting business. Trademark vs. While your brand represents your reputation and business in the public eye, a trademark legally protects those aspects of your brand that are unique and specific to your company. Your trademark registration also gives you the exclusive right to use the mark across Canada for 15 years. Thanks to our five years of experience in the apparel-printing industry, we are able to offer a service catered towards the needs of designers and creative directors. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. Compare intellectual property protections. Trademarks and copyright sometimes co-exist in the same work. A copyright in Canada typically subsists for the life of the author plus 50 years. For example, suppose a company creates a stylish logo to promote its products. Help. No, the Canadian Intellectual Property Office (CIPO) does not require the submission of a physical copy of the work. A quick walk around any supermarket will show any number of products which are very si… 3. Copyrights protect original works such as novels, songs, movies, and software, whereas trademarks protect words, phrases, symbols, or designs that distinguish a particular brand in comparison to others… A company itself may register as a trade name while registering its products as trademarks. Trademarks protect the names of brands and products. Copyright © Business Development Centre All rights reserved. Intellectual property and copyright; Intellectual property databases; Canadian Trademarks Database; Canadian Trademarks Database. 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