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Difference between revisions of "Trademarks, Copyright and Other Intellectual Property"
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Trademarks, Copyright and Other Intellectual Property (view source)
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===An industrial design registration protects unique visual design=== | ===An industrial design registration protects unique visual design=== | ||
Returning to the mousetrap example, imagine the company has designed its mousetrap so it has an attractive shape or design that appeals to consumers. But the company is worried that a competitor might soon copy the look and visual design of the mousetrap. To protect the design, the company can apply to the Canadian Intellectual Property Office for an '''industrial design''' registration. | Returning to the mousetrap example, imagine the company has designed its mousetrap so it has an attractive shape or design that appeals to consumers. But the company is worried that a competitor might soon copy the look and visual design of the mousetrap. To protect the design, the company can [http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00004.html apply] to the Canadian Intellectual Property Office for an '''industrial design''' registration. | ||
An industrial design registration protects the original visual features of a product. (This differs from a '''patent''', which generally protects how an invention works.) Examples of industrial design that people might seek to protect include the shape of a table, the pattern of a fabric, the visual design of a computer keyboard, or the decoration on the handle of a spoon. | An industrial design registration protects the original visual features of a product. (This differs from a '''patent''', which generally protects how an invention works.) Examples of industrial design that people might seek to protect include the shape of a table, the pattern of a fabric, the visual design of a computer keyboard, or the decoration on the handle of a spoon. | ||
===How to apply for an industrial design registration=== | ===How to apply for an industrial design registration=== | ||
You can apply or an industrial design registration from the CIPO. You have to pay the required fees. You must apply within one year after the design, or an article showing the design, has first been publicly used, displayed or sold. | You can [http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00004.html apply or an industrial design registration] from the CIPO. You have to pay the required fees. You must apply within one year after the design, or an article showing the design, has first been publicly used, displayed or sold. | ||
Many countries outside of Canada and the US require you to submit your application for registration before there is any public disclosure of your design, the same as with patents. | Many countries outside of Canada and the US require you to submit your application for registration before there is any public disclosure of your design, the same as with patents. | ||
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===How to protect a trademark=== | ===How to protect a trademark=== | ||
You can apply to register a trademark with the Canadian Intellectual Property Office. You must pay the required fee. You may file a trademark application based on use (if you have already started using the trademark in your business) or based on proposed use (you intend to use the trademark soon, but you haven’t yet started using it). | You can [http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00002.html apply to register a trademark] with the Canadian Intellectual Property Office. You must pay the required fee. You may file a trademark application based on use (if you have already started using the trademark in your business) or based on proposed use (you intend to use the trademark soon, but you haven’t yet started using it). | ||
Your application is reviewed by a trademark examiner who decides if the application meets the requirements for registration (they consider, for example, whether it is confusing with any prior registrations or applications). If the application is approved, the trademark is published (to give others a chance to oppose the application). If no one opposes it, your trademark will be registered. | Your application is reviewed by a trademark examiner who decides if the application meets the requirements for registration (they consider, for example, whether it is confusing with any prior registrations or applications). If the application is approved, the trademark is published (to give others a chance to oppose the application). If no one opposes it, your trademark will be registered. | ||
Although trademark applications are not as tricky and complex as patent applications, it’s still helpful to hire a trademark agent to handle the process. The Trademarks Office at the CIPO keeps a list of trademark agents. So does the Intellectual Property Institute of Canada (IPIC). | |||
Although trademark applications are not as tricky and complex as patent applications, it’s still helpful to hire a trademark agent to handle the process. The Trademarks Office at the CIPO keeps a [http://www.ic.gc.ca/cipo/mc-tm/agents.nsf/tmagents-eng?readform&wt_src=cipo-tm-main list of trademark agents]. So does the [https://www.ipic.ca/english/ip-assistance/find-an-ip-professional.html Intellectual Property Institute of Canada] (IPIC). | |||
===You don’t have to register a trademark, but there are advantages to doing so=== | ===You don’t have to register a trademark, but there are advantages to doing so=== | ||
You don’t have to register a trademark to use it. But there are advantages to registering. Registration gives you the exclusive right to use your trademark (with the types of goods or services the trademark is registered for) throughout Canada for 15 years. It also gives you the right to stop others from using a mark that is confusingly like yours. | You don’t have to register a trademark to use it. But there are advantages to registering. Registration gives you the exclusive right to use your trademark (with the types of goods or services the trademark is registered for) throughout Canada for 15 years. It also gives you the right to stop others from using a mark that is confusingly like yours. | ||
On the other hand, an unregistered trademark can be protected only where you can prove the trademark is known and has an established reputation. | On the other hand, an unregistered trademark can be protected only where you can prove the trademark is known and has an established reputation. | ||
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===Copyright does not apply in some circumstances=== | ===Copyright does not apply in some circumstances=== | ||
There is no copyright in ideas; only the original expression of an idea can be copyrighted. | There is no copyright in ideas; only the original expression of an idea can be copyrighted. | ||
If you use your artistic work on a useful article, such as a decorative lamp or goblet, by using the article as a model or pattern to make 50 or more decorative lamps or goblets, then copyright protection, with some exceptions, isn’t usually available. You generally have to apply for registration of an industrial design instead. | If you use your artistic work on a useful article, such as a decorative lamp or goblet, by using the article as a model or pattern to make 50 or more decorative lamps or goblets, then copyright protection, with some exceptions, isn’t usually available. You generally have to apply for registration of an industrial design instead. | ||
You can’t claim copyright in a very short combination of words, such as the title of a book or song. This likely doesn’t meet the originality requirement. | You can’t claim copyright in a very short combination of words, such as the title of a book or song. This likely doesn’t meet the originality requirement. | ||
===Copyright arises automatically=== | ===Copyright arises automatically=== | ||
Because copyright is automatic, you don’t have to register it. But registering a copyright with the Canadian Intellectual Property Office (and paying the required fees) can help prove you own the copyright. This can be especially helpful if you have to sue someone for “'''infringement'''” of your copyright. When you register your copyright, you are the presumed owner of the work and the burden of proof is on the person challenging your copyright to disprove your ownership. If you don’t register your copyright, the burden of proof is on you to prove you own the copyright. | Because copyright is automatic, you don’t have to register it. But [http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html registering a copyright] with the Canadian Intellectual Property Office (and paying the required fees) can help prove you own the copyright. This can be especially helpful if you have to sue someone for “'''infringement'''” of your copyright. When you register your copyright, you are the presumed owner of the work and the burden of proof is on the person challenging your copyright to disprove your ownership. If you don’t register your copyright, the burden of proof is on you to prove you own the copyright. | ||
===Protecting trade secrets and confidential business information=== | ===Protecting trade secrets and confidential business information=== | ||
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The '''Canadian Intellectual Property Office''' (CIPO) is the federal government agency responsible for administering intellectual property in Canada. | The '''Canadian Intellectual Property Office''' (CIPO) is the federal government agency responsible for administering intellectual property in Canada. | ||
:Toll-free: 1-866-997-1936 | :Toll-free: 1-866-997-1936 | ||
:Web: cipo.gc.ca | :Web: [http://www.cipo.gc.ca cipo.gc.ca] | ||
The '''Intellectual Property Institute of Canada''' (IPIC) is the professional association of patent agents, trademark agents, and lawyers practising intellectual property law. | The '''Intellectual Property Institute of Canada''' (IPIC) is the professional association of patent agents, trademark agents, and lawyers practising intellectual property law. | ||
:Telephone: 1-613-234-0516 | :Telephone: 1-613-234-0516 | ||
:Web: ipic.ca | :Web: [https://www.ipic.ca ipic.ca] | ||
[updated July 2018] | [updated July 2018] | ||
'''The above was last reviewed for accuracy by Ling Wong | '''The above was last reviewed for accuracy by [https://www.fasken.com/en/ling-wong#sort=%40fclientworksortdate79734%20descending Ling Wong], Fasken Martineau DuMoulin LLP.''' | ||
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