Intellectual Property

A trademark protects brand identifiers such as names, logos, and slogans that distinguish your business from others. Copyright protects original creative works, such as writing, images, or software code, generally from the moment they are created. A patent protects new inventions or processes, giving the holder exclusive rights to use or license the invention for a limited period. Each protects a different kind of intellectual property, and many businesses end up relying on more than one type depending on what they are trying to protect.

Registering a business or company name is generally a separate process from trademark protection, and it does not automatically prevent others from using a similar name for their own brand or products. If protecting your brand name specifically, and preventing others from using something confusingly similar, matters to your business, a trademark registration provides broader and more enforceable protection than a business name registration alone. We can explain the practical difference based on how you plan to use and grow your brand.

Generally, the earlier the better, ideally before you invest heavily in marketing, signage, or packaging around a particular name or logo. Trademark rights are often based on first use and registration, so waiting can mean someone else registers a similar mark first, or you discover a conflict after significant investment has already been made. If your brand name and logo are important to your business identity, it is worth discussing trademark protection early rather than treating it as an afterthought.

In Canada, copyright protection generally exists automatically once an original work is created, without a formal registration requirement. However, registering a copyright can still provide practical benefits, such as creating an official public record that can be useful evidence if a dispute over ownership or originality ever arises. Whether registration makes sense for your situation depends on the type of work and how much is at stake if someone were to use it without permission.

Start by documenting exactly how your brand, logo, or content is being used, including dates, screenshots, or other evidence. Avoid confronting the other party informally before understanding your legal position, since an unclear or overly aggressive initial approach can sometimes complicate matters. A lawyer can help assess whether your rights are actually being infringed, and if so, what steps, such as a formal notice, are appropriate given the specific situation and what you are hoping to achieve.

Yes, licensing allows you to permit another person or business to use your trademark, copyrighted work, or patented invention under specific terms, while you retain ownership. A licensing agreement typically sets out what the other party can and cannot do, for how long, in what territory, and under what payment or royalty arrangement. Having clear, well-drafted terms is important, since a poorly written licence can create confusion or unintentionally give away more rights than you intended.

Trademark registration in Canada is generally valid for a set renewal period and can be renewed indefinitely as long as the mark continues to be used and the renewal requirements are met. Unlike a patent, which has a fixed, non-renewable term, a trademark can potentially remain protected for as long as your business continues to use it and keeps the registration active. We can walk you through the specific renewal timeline once your mark is registered.

You will generally need a clear representation of the mark itself, such as the wordmark or logo design, a description of the goods or services it will be associated with, and information about who owns the mark, whether that is you personally or your business. If the mark is already in use, having examples of that use, such as packaging or marketing materials, can also be helpful. We can guide you through exactly what is needed once we understand your specific mark and business.