Two often-confused parts of Canadian intellectual property law. Here's what each protects, when you need to register, and how to defend what you own.
A trademark protects brand identifiers — names, logos, slogans, and other source-identifying marks. It tells customers who made the goods or services they're buying.
A copyright protects original creative works — writing, music, art, software code, photographs, choreography. It protects the expression of an idea, not the idea itself.
One protects your brand. The other protects your creative output. They overlap occasionally — a logo can have both trademark and copyright protection — but they answer different questions.
Canadian trademark law is governed by the federal Trademarks Act, administered by the Canadian Intellectual Property Office (CIPO).
You actually acquire some trademark rights just by using a mark in commerce — these are "common law" rights, and they exist without registration. The catch: they're geographically limited (typically to the area where you use them) and harder to enforce.
A registered trademark gives you nationwide rights, a presumption of validity, the ability to register in most foreign countries through international treaty, and the right to use the ® symbol. Registration is worth the cost for any brand you're investing in long term.
The whole process takes 18–36 months in Canada (as of 2025) and costs around $1,000–$3,000 in government and legal fees for a typical mark.
Free 30-minute consultation with a Toronto business lawyer.
Unlike trademarks, copyright in Canada is automatic. The moment you create an original work in fixed form, you own the copyright in it. No registration required.
Registration with CIPO creates a presumption of ownership in litigation, gives you better remedies for infringement, and provides a public record of your claim. It costs about $50 per work. For anything you're commercializing seriously, register.
Copyright in Canada now lasts life of the author plus 70 years (extended from 50 to 70 years in 2022). For corporate works, it's 70 years from publication.
When someone uses your trademark or copies your work without permission, the remedies include injunctions, damages, accounting of profits, and destruction of infringing materials. Most enforcement starts with a cease-and-desist letter; the ones that don't resolve there proceed to Federal Court. If the dispute involves a breach of contract — such as a violated licensing agreement — it may also be actionable in Ontario courts.
Register your important marks. Document the creation of your important works. The IP infrastructure of a small business is inexpensive — until you need it, at which point it's priceless.
For trademark searches, registrations, opposition responses, copyright registrations, or infringement matters — Jonathan is a Toronto business lawyer who handles IP alongside contract drafting and incorporation work. Book a free 30-minute consultation.
Trademark search, registration, copyright protection — get the IP layer right while it's still cheap.