If you’re ready to protect your Intellectual Property, use this checklist to ensure you’re taking all the necessary steps to secure your copyrights and trademarks.
If you are still unsure about the reasons to trademark or copyright your IP make sure to read the previous articles, 5 Reasons to Trademark Your Business Name & Logo Now, and Why You Need to Register your Copyrights.
Securing Your Trademarks
Decide to register your trademark with the Register of Trademarks to protect your brand and your business nationally.
Consider hiring a Registered Trademark Agent to check that your proposed trademark and trademark application comply with the Trade-marks Act and the Trade-marks Regulations.
Continue using your trademark once your application is granted as your trademark may be removed from the Register of Trademarks if it is in disuse for an extended period of time.
Monitor the marketplace for infringements of your trademark.
Renew your trademark every 15 years with the Register of Trademarks.
Securing Your Copyrights
If uncertain, consider hiring a copyright lawyer to determine whether the work or subject matter is already copyrighted using the Copyrights Database to search registered Canadian copyrights. This may involve visiting the Client Service Center to access copyrights registered prior to 1991 that are not accessible online.
Consider hiring a copyright lawyer to file your application online with the Copyright Office through the Canadian Intellectual Property website.
Include a declaration that the applicant is either the author of the owner of the work or subject matter, or an owner/assignee/person with an interest in the copyright in the work or subject matter.
Police your rights by being alert to unauthorized uses of the work or subject matter.
Contact Nick Wright, lawyer and trademark agent, to arrange a time to discuss how you can protect your intellectual property. Learn more about our services here.
This article and the contents herein are for informational purposes only and do not constitute legal advice. Readers are advised to seek legal counsel prior to acting on any matter discussed herein. We take no responsibility for any third-party sites linked, nor is the presence or absence of a link an indication of my endorsement of views expressed.