how to copyright a name in canada

A patent limits production and sales of an invention. It has been signed and ratified. It is important to note that US trademarks have no validity in Canada nor do Canadian trademarks have any validity in the US. You cannot copyright your name, but it can be trademarked. the answer requires a historical examination of each country's copyright laws (legislative policy, cultural differences, court cases and copyright statutes). I want to start putting a phrase on my products and make it my own brand. Click on the “Guide to Copyrights” link and study the information on that page. If you have created commercial branding or a new invention, rather than a creative work, you may need to apply for a trademark or a patent, rather than a copyright. original or copy of a legal name change certificate displaying the old name and the new name; original or copy of an adoption order displaying the old name and the new name; original or copy of a court order displaying the old name and the new name; Additional documentation may be required if one of these documents was obtained outside of Canada. 1. If you do not have a credit card or prefer not to use one, set up a CIPO deposit account. It is certainly possible. To apply for a copyright in Canada, start by visiting the Canadian Intellectual Property Office website and clicking on “Copyright” at the top of the page. Sit down with a lawyer and discuss options to retrieve this property. In essence, a trademark can be almost anything that is used to identify a particular product or service. Doctor of Law, University of Wisconsin-Madison. Copyright usually means that your "estate" will continue to receive benefits from it after your death, with proceeds usually going to your family members. % of people told us that this article helped them. Placing an order for copies or certified copies of copyright documents. Learn how to do a search by visiting the Canadian Trademarks Database tutorial. Trademarks distinguish the source of the goods of one party from those of others, while copyrights protect writings, music and works of art. There are separate trademark application forms for agents as well as printable forms if you prefer to fill out the application and send it in. An attorney (or, often, the website of a legal firm) can provide you with a form letter; you’ll need to fill in specific details. Step 2: Choose a Domain Registrar . Copyrights on all original works dating back to 1991. The Cease and Desist letter communicates your ownership of the copyrighted work, and asks that the violator cease using the copyrighted creative work. Generally, your original work is automatically protected by copyright when you create it. Apply and register a trademark in Canada online through registered agent. Canada does not require formal copyright registration of your photo if you are a Canadian citizen or a citizen of a country that has agreed to certain international copyright treaties. The property in question is your property, so with some legal reasoning in your pocket, you can protect your image and regain your lost property rights. Correcting errors with your copyright application or registration. [1] This article was co-authored by Clinton M. Sandvick, JD, PhD. If your name is confusingly similar to a trademarked name and you sell conflicting goods and/or services, you are running a very significant risk that the owner of the trademark could proceed with legal action against you. Even if you were able to register a phrase or expression, with it being so short, anyone could use it under "fair use.". You’re only securing your rights to it since it is something you have created and it is your intellectual property. How producers of original literary, dramatic, musical or artistic works can use copyrights. If there is a problem with your filed application, CIPO will inform you within one week from the date of filing. However, when you register your copyright, you get a certificate of registration that you can use in court as evidence that you own the protected work. From the main Copyright page, click on “View fees” on the center of your screen to see the applicable fees. You can trademark the name of your recipe, and the recipe itself can technically be patented, although most attempts to patent recipes fail (for a variety of legal reasons to detailed to get into here). Example: www.lululemon.com Trademark: A trademark may be one, or a combination of words, sounds or … Last Updated: May 25, 2020 Under Canadian law, you are entitled to automatic copyright protection of your photo if your citizenship qualifies you for it. If you only copyright your name or logo without trademarking it, you cannot fully protect it against infringement. You don’t want to tour and record for years under one band name, only to find out that there’s another band working under the same name in another part of the country (or world). Yes, if your website content is original, it can be copyrighted. Many offer web hosting and other services in addition to domain name purchases. This article has been viewed 40,476 times. You need to have your username and password already created, because the form is on a secure server. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Our lawyers and trademark specialists file hundreds of trademark every year. Does copyright of a creative work mean that a family member cannot benefit from it after my death? Copyright resources to protect your copyright globally. Fees. A trademark can protect your name and logo in case someone else wants to use them for their own purposes.Also, you cannot really copyright a name, since copyright protects artistic works. Canada is a signator to several international treaties relating to international copyright law therefore. For advice from our Legal reviewer on how to protect your copyright if someone is using it without permission, keep reading. Talk to your lawyer about the best way to do this. Company name: Legal name, registered federally, provincially or territorially. Bundling your domain name and hosting might be a good decision if you’re looking to save money by building a site yourself, but if you plan to have a scalable business, you’re better off keeping … Whether you're an entrepreneur or an inventor, it's important to understand tools such as trademarks, patents, copyright and industrial design. Under Canadian copyright law, a copyright expires 50 years after the death of the creator of the copyrighted work. If you have a name or title you'd like to protect, you need a trademark, not a copyright, to ensure that others can't use it without permission. To fully protect a business name, Logo or slogan, apply for a Federal or State trademark. Trademarks are used to protect the intellectual property of your business by preventing others from using elements of a … Trademarks are designed to protect commercial brands; they limit use of specific words and designs which describe a specific brand. If you are a sole proprietor operating a business under your legal name (for example, Jane Doe), you Clinton M. Sandvick worked as a civil litigator in California for over 7 years. What a copyright is, the registration process and the benefits of registration. Email CIPO’s Finance, Integrated Planning and Administration office to set up your account. Pick the one that best suits your work. A trademark registration in Canada provides prima facie evidence of ownership. All three of these provide legal protection, but cover different forms of material. You can buy a domain name at one of the many domain registrars online. Patents protect the development of new technology, or improvements made to already existing technologies. For your own private records, print the completed application or save it on a flash drive. Your logo can be trademarked rather than copyrighted. Research source Read through your application to ensure it is correct and complete. Avoid duplicate band names. Once you have registered an intellectual property, you have the right to change the material form of the intellectual work. A Slogan is a phrase, i.e. Using the copyright e-filing application to register your copyright. Fees for registering a copyright, registration of an assignment and other services. The fee for filing online can be … Next, select “Register your copyright” to set up an account and pay the application fee. That sort of thing can be trademarked, rather than copyrighted. Can I copyright a body cream or just my logo to identify my product? If you've made a movie or a television show independently, you acquired a copyright in your original creative work the moment you produced it in a tangible form. For enquiries, contact us. Make payment online, using one of the acceptable payment methods. References. This agreement will replace the North American Free Trade Agreement. Owning the copyright to a work gives you the exclusive right to reproduce either a portion or the entire work as you choose. If I want that to happen, should I put that in my will? Once a work is protected by copyright in Canada, the work is automatically protected in all countries that are members of the Berne Convention (currently 179, including Canada). This will provide information about what a copyright is, what it protects, how long a copyright lasts in Canada, and provide further detailed bullet points about how to prepare and submit your application for copyright registration. http://trademarkshop.ca Welcome to our 'How to Register a Trademark - Canada' video series. This article was co-authored by Clinton M. Sandvick, JD, PhD. For example, you may convert a novel into a screenplay or a play into a novel. Even if you sold or assigned the copyright to a different individual or corporation, it lasts until 50 years after your death. Automatic protection is the law. The printed symbol serves primarily to remind others that your work has been copyright, and is not theirs to reproduce. Providing protection for literary, artistic, dramatic and musical creations. Example: lululemon athletica inc. Business name: Name under which you conduct your business. The Canadian Intellectual Property Office returns all works sent to its office. You also have the right to keep others from making copies of your work. Your trademark registration also gives you the exclusive right to use the mark across Canada for 15 years. You can perform a quick search or continue and search with additional search criteria. Payment for copyright registration costs $50. This is exactly why you need t… However, some artists' estates have been mismanaged by agents and lawyers, so if you want to be sure that your family will benefit it is best to put that in your will. That would be a trademark, not a copyright. When it comes to the question "U.S. vs Canadian copyright law: which has stronger copyright protection?" To copyright something means to claim that you are the owner of that intellectual work, such as a painting or poem, a commercial slogan, a musical score, or computer program. Simply put, a copyright prohibits others from copying your work without your permission. Remember that your creative work is still copyrighted, even if it does not have the “©” symbol physically printed on it. You will not receive a reply. Submitting an Application to Register your Copyright, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/1\/11\/Copyright-in-Canada-Step-1-Version-2.jpg\/v4-460px-Copyright-in-Canada-Step-1-Version-2.jpg","bigUrl":"\/images\/thumb\/1\/11\/Copyright-in-Canada-Step-1-Version-2.jpg\/aid1331676-v4-728px-Copyright-in-Canada-Step-1-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"