Trademarks &
copyright.

By Jonathan Kleiman, Barrister & Solicitor · Updated June 2026

Intellectual property is often the most valuable asset an Ontario business owns — yet it is also the most commonly neglected. Business owners invest heavily in building their brand, creating original content, developing proprietary software, and designing unique products, but many never take the basic legal steps needed to protect those investments. When a competitor copies their brand name, when a former employee takes proprietary material to a rival, or when their creative work appears on someone else's website without permission, they discover that the protections they assumed they had were never actually in place.

This guide covers the two forms of intellectual property that affect Ontario businesses most frequently: trademarks and copyright. These are distinct legal regimes with different rules, different registration processes, and different enforcement mechanisms — but they are constantly confused with each other, and understanding the difference is essential for any business owner who wants to protect what they have built.

A note on jurisdiction: intellectual property law in Canada is exclusively federal. The Trademarks Act and the Copyright Act are both federal statutes, and registration for both is handled by the Canadian Intellectual Property Office (CIPO) in Gatineau, Quebec. Ontario does not have its own trademark or copyright regime. However, enforcement — the lawsuits that arise when someone infringes your rights — can proceed in either the Federal Court of Canada or in Ontario's Superior Court of Justice, depending on the nature of the claim. Ontario businesses are subject to the same IP laws as businesses in any other province.

Part 1: Trademark law in Canada

What is a trademark?

A trademark is any sign — or combination of signs — that distinguishes the goods or services of one business from those of another. It tells customers who made the product or who is providing the service. When a customer sees the golden arches, they know the restaurant is a McDonald's. When they see the swoosh on a pair of shoes, they know the manufacturer is Nike. Those are trademarks — brand identifiers that function as a guarantee of source.

In Canada, the Trademarks Act (R.S.C., 1985, c. T-13, as amended) governs trademark law. The Act was substantially modernized in 2019, bringing Canada into alignment with several international treaties including the Madrid Protocol (which allows international trademark registration through a single application), the Nice Agreement (which standardizes the classification of goods and services), and the Singapore Treaty (which harmonizes trademark procedural requirements).

What can be trademarked in Canada?

The 2019 amendments significantly expanded what can be trademarked in Canada. Registrable trademarks now include:

• Word marks — the business name, product name, or slogan itself, regardless of how it is displayed (e.g., "SHOPIFY" or "JUST DO IT")
• Design marks (logos) — a distinctive visual design, whether it includes words or is purely graphical
• Combination marks — a word and design together (e.g., a logo that includes both a graphic element and the company name)
• Sound marks — a distinctive sound associated with a brand (e.g., the NBC chimes, the Intel bong)
• Colour marks — a specific colour used distinctively in connection with goods or services (e.g., Tiffany blue, UPS brown) — though these are extremely difficult to register
• Three-dimensional marks — the shape of goods or their packaging, if the shape is distinctive and not purely functional (e.g., the Coca-Cola bottle shape)
• Holograms, moving images, modes of packaging goods, tastes, scents, and textures — these "non-traditional" marks became registrable after 2019, though successful registrations remain rare in Canada

What cannot be trademarked?

Not everything qualifies for trademark protection. The Trademarks Act and CIPO examination practice prohibit registration of:

• Generic terms. You cannot trademark a word that is the common name for the goods or services you sell. "Coffee Shop" cannot be trademarked for a coffee shop. "Computer" cannot be trademarked for computers. The word must be distinctive — it must identify your brand specifically, not describe the category of product generally.
• Clearly descriptive marks. A mark that "clearly describes" the character, quality, function, or composition of the goods/services is not registrable unless it has acquired distinctiveness through extensive use. "FAST DELIVERY" for a courier service, "COLD AND CREAMY" for ice cream, or "TORONTO PLUMBING" for a plumbing company in Toronto would all be considered clearly descriptive. The test is whether the average consumer would see the mark as a brand name or as a description of what the business does.
• Deceptively misdescriptive marks. A mark that misdescribes the goods in a way that would mislead consumers — for example, "ITALIAN LEATHER" for goods not made of Italian leather — is not registrable.
• Names and surnames. A mark that is "primarily merely a surname" is not registrable unless it has acquired distinctiveness. "SMITH" or "JOHNSON" standing alone would be refused. However, surnames combined with distinctive elements, or surnames that have acquired strong brand recognition (like "McDonald's"), can be registered.
• Marks confusingly similar to existing registrations. If your proposed mark is likely to be confused with an existing registered trademark or a trademark that has been previously applied for, CIPO will refuse registration. The test is whether a consumer, as a matter of first impression, would be confused as to the source of the goods or services.
• Official marks and prohibited marks. Certain symbols are off-limits — the Canadian flag, the Red Cross emblem, royal emblems, and "official marks" adopted by public authorities under section 9 of the Act.

Common law trademarks vs. registered trademarks

An important distinction in Canadian trademark law is between common law (unregistered) rights and registered rights. You do not need to register a trademark to have some legal protection — the mere act of using a distinctive mark in commerce creates common law rights. But the two levels of protection are dramatically different in practice.

Common law trademark rights:

• Arise automatically from use in commerce
• Limited geographically to the area where you actually use the mark (if you only sell in Ontario, your common law rights may not extend to other provinces)
• No presumption of validity — in a dispute, you bear the full burden of proving that you used the mark first, that the mark is distinctive, and that you have established goodwill
• More expensive and difficult to enforce — you need to bring a common law action for "passing off" (a tort that requires proof of goodwill, misrepresentation, and damage)
• No right to use the ® symbol (you can use ™, which indicates a claim to trademark rights but carries no legal weight)
• Cannot be used as a basis for international registration under the Madrid Protocol

Registered trademark rights:

• Nationwide protection across all of Canada, regardless of where you actually use the mark
• Presumption of validity — the registration itself is evidence that you own the mark and that it is valid
• Easier and cheaper enforcement — you can bring a statutory infringement action under the Trademarks Act (which requires only proof of use of a confusingly similar mark, without the need to prove goodwill or damage)
• Right to use the ® symbol
• Ability to register in foreign countries through the Madrid Protocol (a single international application designating multiple countries)
• Listed on the CIPO database, which deters others from adopting similar marks (and causes CIPO to refuse their applications if they try)
• Registration lasts 10 years and is renewable indefinitely — as long as you maintain the registration and continue using the mark, your rights never expire

For any brand that you are investing in for the long term — your business name, your primary product or service name, your logo — registration is almost always worth the cost. The protection is broader, stronger, and easier to enforce.

The trademark registration process in Canada

Registering a trademark in Canada involves several steps and typically takes two to three years from application to registration (though timelines can vary significantly depending on CIPO processing times and whether any objections are raised):

Step 1: Trademark search. Before filing, conduct a comprehensive search to ensure your proposed mark is not already registered or applied for by someone else, and is not confusingly similar to any existing marks. CIPO's trademark database is publicly searchable, but a proper search goes beyond the database — it should also check common law uses, business name registrations, domain names, and industry directories. A trademark agent or lawyer typically conducts this search and provides an opinion on registrability and risk of confusion. The search is not legally required, but skipping it is unwise — if you file and the mark is refused due to a conflicting registration, you lose the filing fee and the months of processing time.

Step 2: Application filing. The application is filed with CIPO and must include: a representation of the mark (the word, logo, or other sign); a statement of the goods and/or services the mark will be used with (classified according to the Nice Classification system); the applicant's name and address; and the filing fee ($458 for the first class of goods/services, plus $139 for each additional class, as of 2026). Unlike the pre-2019 regime, you do not need to declare that you have already used the mark in Canada — you can file based on proposed use.

Step 3: Examination. A CIPO examiner reviews the application for compliance with the Act. The examiner checks whether the mark is inherently registrable (not generic, not clearly descriptive, not a prohibited mark) and whether it conflicts with any existing registrations or pending applications. If the examiner identifies problems, they issue an "examiner's report" and the applicant has a set period (typically six months) to respond. This back-and-forth can take multiple rounds.

Step 4: Publication (advertisement). Once the application passes examination, it is published in the Trademarks Journal. Third parties have two months from publication to file a statement of opposition — essentially a formal challenge to the registration. Oppositions are adversarial proceedings before the Trademarks Opposition Board and can take one to three years to resolve. Most applications are not opposed.

Step 5: Registration. If no opposition is filed (or if the applicant succeeds in an opposition), CIPO issues a certificate of registration. The mark is now registered for 10 years. Renewal fees are due every 10 years ($555 for the first class, plus $139 for each additional class).

Cost summary: For a single-class trademark application handled by a lawyer or trademark agent, expect to pay approximately $1,500 to $3,500 in combined government fees and legal/agent fees. Multi-class applications cost more. International registrations through the Madrid Protocol have additional fees (set by the World Intellectual Property Organization and the designated countries).

Maintaining a registered trademark

Registration is not a one-time event. To maintain your trademark rights, you must:

• Use the mark. A registered trademark that is not used in Canada for three consecutive years is vulnerable to cancellation under section 45 of the Act. Any person can request that the Registrar issue a notice requiring the owner to show use. If you cannot demonstrate use during the relevant period, the registration may be expunged. "Use" means use in the normal course of trade — actual sales, advertising, or providing services under the mark in Canada.
• Renew on time. Registrations expire after 10 years. CIPO sends a renewal notice, but it is the owner's responsibility to renew. If you miss the deadline, there is a six-month grace period (with a late fee), but after that the registration is removed from the register.
• Monitor and enforce. A trademark owner has an obligation to police their mark — meaning you should monitor the marketplace for confusingly similar marks and take action against infringers. If you allow widespread unauthorized use without objecting, you risk the mark being found to have lost distinctiveness (become "generic"), which can lead to loss of rights. "Aspirin," "escalator," and "thermos" are all examples of trademarks that lost protection because the owners failed to police them.
• Use the mark correctly. Always distinguish the trademark from surrounding text (capitalize it, use a different font, add the ® symbol). Never use the trademark as a verb or a generic noun. "Google it" is dangerous for Google's trademark; "search it on Google" is safer. The more distinctive you keep the mark in your own usage, the stronger your rights remain.

Part 2: Copyright law in Canada

What is copyright?

Copyright is the exclusive legal right to reproduce, publish, perform, or adapt an original creative work. It protects the expression of ideas — not the ideas themselves. If you write a book about starting a business in Ontario, copyright protects the specific words you wrote, the structure of your chapters, and the creative choices you made in expressing your ideas. It does not protect the underlying factual information or the general concept of writing about Ontario business law.

Copyright law in Canada is governed by the Copyright Act (R.S.C., 1985, c. C-42, as amended). Like trademark law, it is exclusively federal — there is no separate Ontario copyright regime.

What does copyright protect?

Copyright protects "original works" that are fixed in some material form. The categories of protectable works include:

• Literary works — books, articles, blog posts, reports, manuals, letters, emails, spreadsheets, databases, computer software (source code and object code), and any other work expressed in words or figures
• Dramatic works — plays, screenplays, scripts, choreographic works, and any work intended for performance
• Musical works — musical compositions (the notes and melody), with or without lyrics
• Artistic works — paintings, drawings, sculptures, photographs, maps, charts, architectural works, engravings, logos, and graphic designs

In addition to these traditional "works," copyright also protects related subject matter:

• Sound recordings — the recording itself (distinct from the underlying musical work)
• Performer's performances — a musician's specific performance of a song, an actor's performance of a role
• Communication signals — broadcast signals transmitted by broadcasters

What copyright does not protect

Understanding the limits of copyright is as important as understanding what it covers:

• Ideas, facts, and information. Copyright protects expression, not ideas. If you develop a unique business methodology, copyright protects the manual you write describing it — but not the methodology itself. Anyone can independently describe the same methodology in their own words without infringing your copyright.
• Titles, names, and short phrases. Individual words, short phrases, titles of works, slogans, and names are generally too short to attract copyright protection. (These may be protectable as trademarks instead.)
• Functional elements. If there is only one way (or a very limited number of ways) to express a particular idea or achieve a particular functional result, copyright does not protect that expression. This is the "merger doctrine" — when idea and expression merge, copyright does not apply.
• Government works. Crown copyright applies to works created by the Canadian government or provincial governments. Crown copyright in federal works lasts 50 years from publication. The rules around reproduction and use of government works vary.

Automatic protection — no registration required

Unlike trademarks, copyright in Canada is automatic. The moment you create an original work and fix it in some material form (write it down, record it, save it to a computer file), you own the copyright in it. No registration, no filing, no government approval, no © symbol — none of these are required for copyright to exist. Canada is a signatory to the Berne Convention, which mandates automatic copyright protection without formalities in all member countries.

However, there is an important threshold requirement: originality. The work must be independently created (not copied) and must involve a minimum degree of skill and judgment in its creation. The Supreme Court of Canada established this standard in CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13), holding that originality requires more than mere "sweat of the brow" (simple labour and effort) but less than creativity or novelty. The work must be the product of the author's exercise of skill and judgment that is not so trivial as to be purely mechanical.

Who owns copyright?

The general rule is that the author — the person who created the work — is the first owner of copyright. But there are important exceptions:

• Works created in the course of employment. Under section 13(3) of the Copyright Act, if you create a work "in the course of your employment" (as an employee, not a contractor), the employer is the first owner of copyright — unless there is an agreement to the contrary. This is a critical provision for businesses: work your employees create for you belongs to you automatically.
• Works created by independent contractors. The employment exception does not apply to independent contractors. If you hire a freelance graphic designer to create your logo, a freelance developer to write your website code, or a freelance writer to produce your marketing content — the contractor owns the copyright unless your contract explicitly assigns it to you. This is one of the most common IP mistakes Ontario businesses make. Always include a written intellectual property assignment clause in your service agreements with contractors.
• Commissioned photographs, portraits, and engravings. Section 13(2) provides a special rule: if you commission (and pay for) a photograph, portrait, or engraving, you are the first owner of copyright in it — even if the photographer is an independent contractor. This exception does not apply to other types of commissioned works.
• Joint authorship. If two or more authors collaborate on a work and their contributions are inseparable, the work is a "work of joint authorship" and the authors share copyright ownership. Each joint owner can independently use the work but cannot grant exclusive rights without the consent of the other owners.

For Ontario businesses, the practical implication is clear: every contractor agreement should include a clause assigning all intellectual property rights in the work product to your business. Without that clause, you may be paying for work you do not legally own. A contract lawyer can build these assignment and waiver terms into your standard templates so the protection is automatic.

Copyright registration in Canada

Although copyright is automatic, registration provides meaningful legal benefits:

• Presumption of ownership. A certificate of registration is evidence that copyright exists and that the person registered is the owner. In litigation, this shifts the burden to the other side to prove otherwise — a significant procedural advantage.
• Presumption of subsistence. Registration creates a presumption that the work is original and that copyright subsists in it. The alleged infringer must prove that it does not.
• Statutory damages. If your copyright is registered before the infringement occurs, you may elect to receive "statutory damages" (a fixed amount set by the court, between $500 and $20,000 per work for commercial infringement, or $100 to $5,000 for non-commercial infringement) instead of having to prove your actual loss. This is particularly valuable when actual damages are difficult to quantify.
• Public record. Registration creates a public record of your claim, which can deter infringement and support licensing negotiations.

The registration process is straightforward: file an application with CIPO, pay the fee ($50 for online filing, $65 for paper filing), and CIPO issues a certificate. There is no examination of the work itself — CIPO does not check whether the work is truly original or whether you are actually the author. Registration is essentially a claim of ownership, not a verified confirmation of it. The true test comes if the registration is ever challenged in court.

Given the modest cost ($50 per work), registration is advisable for any creative work that has commercial value — your website content, your software code, your marketing materials, your training manuals, your product designs, your photographs. The $50 investment provides evidentiary benefits that would cost thousands of dollars to replicate through other means in litigation.

Duration of copyright in Canada

In December 2022, Canada extended its general copyright term from "life of the author plus 50 years" to "life of the author plus 70 years", bringing Canada into alignment with the United States, the European Union, and most other major trading partners. This change was required under the Canada-United States-Mexico Agreement (CUSMA).

The specific term depends on the type of work:

• Works by identified individual authors: life of the author plus 70 years (measured from December 31 of the year of the author's death)
• Works of joint authorship: life of the last surviving author plus 70 years
• Anonymous and pseudonymous works: 75 years from publication (or 100 years from creation if unpublished)
• Works with corporate authorship (where the first owner is a corporation): 75 years from publication
• Sound recordings and performer's performances: 75 years from publication (or 100 years from the performance/fixation if unpublished)
• Crown copyright: 50 years from publication

Once copyright expires, the work enters the public domain and anyone can use it freely.

Moral rights

A unique feature of Canadian copyright law (inherited from the civil law tradition) is moral rights. These are rights that belong to the author personally and cannot be transferred — only waived. They include:

• Right of attribution (paternity). The right to be associated with the work as its author, or to remain anonymous.
• Right of integrity. The right to prevent the work from being distorted, mutilated, or otherwise modified in a way that is prejudicial to the author's honour or reputation.
• Right of association. The right to prevent the work from being used in association with a product, service, cause, or institution that is prejudicial to the author's honour or reputation.

Moral rights last for the same duration as copyright. Even if you assign all copyright in a work to someone else, you retain your moral rights unless you explicitly waive them in writing. For businesses that commission creative work, this means: always include a moral rights waiver in your contractor agreements. Without it, the creator could theoretically object to how you use, modify, or present the work — even though you own the copyright.

Part 3: The overlap between trademarks and copyright

Trademarks and copyright protect different things, but they can overlap. The most common example is a logo. A logo is an artistic work (attracting copyright protection for the visual design) and a trademark (attracting trademark protection for its use as a brand identifier). A slogan might be too short for copyright but can be registered as a trademark. A product package design might have both copyright elements (the artwork) and trademark elements (the brand name and distinctive trade dress).

The protections are cumulative — having both is better than having one. Copyright prevents copying of the design; trademark prevents confusing use of a similar design in commerce. Copyright expires eventually; a trademark registration can be maintained indefinitely. A comprehensive IP strategy uses both regimes where they are available.

Part 4: Enforcement of intellectual property rights in Ontario

Trademark infringement

Trademark infringement occurs when someone uses a mark that is confusingly similar to your registered trademark in connection with goods or services. You do not need to prove intention — even innocent infringement is actionable. The test is whether a "somewhat hurried" consumer would be confused as to the source of the goods or services.

Available remedies for trademark infringement include:

• Injunction — a court order requiring the infringer to stop using the mark
• Damages — compensation for lost sales, damage to goodwill, or other losses caused by the infringement
• Accounting of profits — the infringer must hand over the profits they earned through use of the infringing mark (an alternative to damages)
• Delivery up or destruction — the infringing goods, packaging, labels, and advertising materials are delivered to the trademark owner or destroyed
• Punitive damages — in egregious cases of willful infringement

Trademark infringement cases can be brought in the Federal Court of Canada (which has exclusive jurisdiction over certain trademark matters) or in provincial superior courts (which have concurrent jurisdiction over many trademark disputes, particularly those involving passing off). These are commercial litigation matters, and the cost of pursuing them is one more reason to register your rights early.

Copyright infringement

Copyright infringement occurs when someone, without authorization, does anything that only the copyright owner has the right to do — reproducing the work, publishing it, performing it in public, translating it, adapting it, or making it available online. Infringement does not require proof of intent — even innocent copying is infringement (though intent may affect the remedy).

Available remedies for copyright infringement include:

• Injunction — stop the infringing activity
• Damages — compensation for actual losses suffered (lost licensing fees, lost sales)
• Statutory damages — if the work was registered before the infringement, you can elect statutory damages instead of proving actual loss ($500-$20,000 per work for commercial infringement; $100-$5,000 for non-commercial)
• Accounting of profits — the infringer's profits attributable to the infringement
• Delivery up or destruction — infringing copies are destroyed
• Criminal prosecution — in cases of willful commercial-scale infringement, criminal penalties are available (fines and imprisonment), though criminal prosecution of copyright infringement is rare in Canada

Practical enforcement: the cease-and-desist letter

Most IP enforcement begins not with a lawsuit but with a cease-and-desist letter. This is a formal letter from the rights holder (or their lawyer) to the alleged infringer, identifying the IP rights being infringed, describing the infringing conduct, demanding that the infringement stop, and setting a deadline for compliance. Many infringement situations resolve at this stage — the infringer may not have realized they were infringing, and a well-drafted cease-and-desist or demand letter prompts them to stop voluntarily rather than face litigation.

A cease-and-desist letter should be firm, specific, and professional. It should identify the exact rights being asserted (registration numbers, dates of first use, specific works), describe the infringing conduct with specificity, state the legal basis for the claim, and demand specific relief (stop using the mark, take down the content, destroy infringing materials) by a specific date. It should not make threats that you are not prepared to follow through on — empty threats undermine credibility and can, in some circumstances, give rise to a counterclaim for unjustified threats.

Notice and notice regime for online copyright infringement

Canada has a statutory "notice and notice" regime for online copyright infringement (sections 41.25-41.27 of the Copyright Act). If you discover your copyrighted material being hosted on a Canadian internet service provider's platform, you can send a notice to the ISP, and the ISP is required by law to forward that notice to the alleged infringer. This is different from the American "notice and takedown" system (DMCA) — in Canada, the ISP is only required to forward the notice, not to remove the content. Removal requires a court order or voluntary compliance by the infringer.

For content hosted on foreign platforms (YouTube, Facebook, Instagram, Amazon, etc.), the platform's own takedown procedures apply — typically modelled on the DMCA's notice and takedown framework. Filing a DMCA takedown notice with these platforms is often the fastest practical remedy for online copyright infringement.

Part 5: Common intellectual property mistakes Ontario businesses make

1. Not registering the business name as a trademark

Registering a business name with the Ontario Business Registry (or incorporating under a particular name) does not give you trademark rights. Business name registration and trademark registration are completely separate systems serving completely different purposes. Business name registration is a provincial corporate/commercial requirement; trademark registration is a federal intellectual property right. Many Ontario businesses operate for years under the assumption that their corporate name registration gives them exclusive rights to the name — it does not. Another business in another province (or even in Ontario) could register the same name as a trademark and potentially force you to rebrand.

2. Not conducting a trademark search before launching a brand

Building a brand around a name without first checking whether that name is already trademarked by someone else is a common and expensive mistake. You invest in signage, marketing materials, a website, social media presence, customer recognition — and then receive a cease-and-desist letter from a prior trademark owner requiring you to stop using the name. At that point, you either rebrand (losing all the goodwill you built) or defend a trademark infringement claim (expensive and often unsuccessful if the prior registration is valid).

3. Not assigning IP from contractors

As discussed above, work created by independent contractors is owned by the contractor unless the contract says otherwise. Every year, Ontario businesses discover that they do not own their own website, their own marketing content, or their own software because they hired a contractor without an IP assignment clause. The fix is simple — include the clause in every contractor agreement. The problem is that many businesses only learn about this rule after they have a dispute with a former contractor who claims to own the work — a dispute that often turns into a breach of contract claim once the relationship breaks down.

4. Using stock images, music, or content without proper licensing

Using images from Google Image Search on your website, playing music in your store without a SOCAN license, or incorporating open-source software without complying with its license terms are all forms of copyright infringement that Ontario businesses commit routinely — often without realizing it. Just because content is available online does not mean it is free to use. Always verify licensing terms before using anyone else's creative work.

5. Letting trademarks become generic

If you own a successful trademark and allow the public to use it as a generic term for the category of product — rather than as a brand identifier — you risk losing the trademark entirely. This is rare, but it happens: "aspirin," "escalator," "thermos," and "trampoline" were all once registered trademarks that lost protection through genericide. Protect your mark by always using it as an adjective (a brand modifier), not a noun or verb, and by policing unauthorized uses.

6. Assuming Canadian registrations protect you internationally

A Canadian trademark registration protects your mark in Canada only. If you sell goods or services internationally — including online sales to customers in other countries — you need protection in those countries too. The Madrid Protocol makes international registration more efficient (a single application designating multiple countries), but it still requires filing and fees in each designated country. Similarly, copyright registration in Canada does not create rights in other countries — though under international treaties (the Berne Convention), your Canadian copyright is generally recognized in other member countries without formality.

Part 6: Building an IP strategy for your Ontario business

An intellectual property strategy does not need to be complex or expensive. For most Ontario small businesses, the essential steps are:

1. Identify your IP assets. What are your valuable brand elements (names, logos, slogans)? What original works have you created (website content, marketing materials, software, designs, photographs)? What confidential information do you possess (customer lists, pricing, processes, formulas)?
2. Protect what matters most. Register your primary trademark(s) — at minimum, your business name and logo. Register copyright in your most commercially valuable works. Use NDAs and confidentiality agreements to protect trade secrets.
3. Secure ownership. Include IP assignment clauses in employment agreements and contractor agreements. Include moral rights waivers in all creative work contracts. Ensure that all work product created for your business is legally owned by your business.
4. Monitor and enforce. Periodically search for uses of your trademark by others. Set up Google Alerts for your brand name. Monitor competitors' branding. When you find infringement, act promptly — delay weakens your position.
5. Document everything. Keep records of first use dates for trademarks, creation dates for copyrighted works, and the development history of trade secrets. This documentation is essential if you ever need to prove priority or ownership in a dispute.

The cost of this basic IP infrastructure is modest — a trademark registration ($1,500-$3,500), copyright registrations ($50 per work), and properly drafted contract clauses (included in your standard employment and contractor templates). The cost of not having it — rebranding, losing ownership of your own content, litigating IP disputes — is orders of magnitude higher. A Toronto business lawyer can put this whole layer in place for a fraction of what it costs to fix later.

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 is priceless.

Frequently asked questions

What is the difference between a trademark and a copyright in Canada?

A trademark protects brand identifiers — names, logos, slogans — that distinguish one business's goods or services from another's. A copyright protects original creative works — writing, music, art, software, photographs. They serve different purposes but can overlap (a logo may have both trademark and copyright protection).

How much does it cost to register a trademark in Canada?

The CIPO filing fee is $458 for the first class of goods or services, plus $139 for each additional class. Combined with legal fees for the search and application, expect approximately $1,500 to $3,500 for a single-class application. Registration lasts 10 years and is renewable.

Do I need to register copyright in Canada?

No — copyright is automatic upon creation of an original work. However, registration ($50 online) provides a presumption of ownership in litigation and access to statutory damages. For commercially valuable works, registration is strongly recommended.

How long does trademark registration take in Canada?

Typically two to three years from application to registration, including CIPO examination (often 24-36 months due to backlogs) and a two-month opposition period after publication.

How long does copyright last in Canada?

Life of the author plus 70 years (extended from 50 to 70 years in December 2022). For works with corporate authorship, 75 years from publication.

Who owns the copyright in work created by an independent contractor?

The contractor owns it by default. Unlike employees (whose work product belongs to the employer under the Copyright Act), independent contractors retain copyright unless the contract explicitly assigns it. Always include an IP assignment clause in contractor agreements. For more on contractor relationships and business formation, see How to Start a Small Business in Ontario.

Questions about trademarks or copyright in Ontario?

Feel free to contact Jonathan Kleiman, a business lawyer based in Toronto, Ontario.

Call 416-554-1639 or book a free 30-minute consultation.