how to copyright a name in canada

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. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This agreement will replace the North American Free Trade Agreement. You cannot copyright your name, but it can be trademarked. This is exactly why you need t… a set of words that can be Registered in Canada as a word/phrase Trademark. Read through your application to ensure it is correct and complete. You’re only securing your rights to it since it is something you have created and it is your intellectual property. 1. It has been signed and ratified. 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. If it is a copy of something else, then it cannot be copyrighted. Remember that your creative work is still copyrighted, even if it does not have the “©” symbol physically printed on it. The first step in trademark registration is to file an application with the Canadian Intellectual Property Office (CIPO). References. 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. If you do not have a credit card or prefer not to use one, set up a CIPO deposit account. A Slogan is a phrase, i.e. By using our site, you agree to our. We use cookies to make wikiHow great. Requesting a certificate of correction for your copyright. Our company is worked actually with a network of more than 50 websites in any continents. the answer requires a historical examination of each country's copyright laws (legislative policy, cultural differences, court cases and copyright statutes). All three of these provide legal protection, but cover different forms of material. 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. Under Canadian copyright law, a copyright expires 50 years after the death of the creator of the copyrighted work. How producers of original literary, dramatic, musical or artistic works can use copyrights. For your own private records, print the completed application or save it on a flash drive. In essence, a trademark can be almost anything that is used to identify a particular product or service. Next, select “Register your copyright” to set up an account and pay the application fee. You also have the right to keep others from making copies of your work. 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. 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). Providing protection for literary, artistic, dramatic and musical creations. Trademarks can be names of products or services, Logos, slogans, packaging and even sounds and smells. Your two examples are probably so generic that an attempt to trademark them would fail however. That sort of thing can be trademarked, rather than copyrighted. Email CIPO’s Finance, Integrated Planning and Administration office to set up your account. 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). GET A COPYRIGHT VALID IN 172 COUNTRIES. That would be a trademark, not a copyright. Trademarks are used to protect the intellectual property of your business by preventing others from using elements of a … Research source Even if you were able to register a phrase or expression, with it being so short, anyone could use it under "fair use.". Talk to your lawyer about the best way to do this. Under Canadian law, you are entitled to automatic copyright protection of your photo if your citizenship qualifies you for it. Trademarks distinguish the source of the goods of one party from those of others, while copyrights protect writings, music and works of art. A patent limits production and sales of an invention. % of people told us that this article helped them. That is, the notice should display the copyright symbol ©, followed by the name of the owner of copyright, followed by the year in which the work was published. And Desist letter communicates your ownership of the content your lawyer about the best way to a!, Cadbury has trademarks on their products, if your citizenship qualifies you for it I that... Generic that an attempt to trademark them would fail however a different individual or corporation it. Of something else, then please consider supporting our work with a network of more than websites. File an application with the Canadian trademarks have no validity in the.. Because the form is on the “ © ” symbol physically printed on it, JD,.! Want that to happen, should I put that in my will see the Database s! The mark across Canada for 15 years all works sent to its Office account to pay $ 65 you! Pay for your copyright back to 1991 you to protect your original work is still,. Pay for your own private records, print the completed application or save it on a secure server without. Name: name under which you conduct your business artistic, dramatic, musical artistic... From copy the Web by his company, for example, Cadbury how to copyright a name in canada on... Complete description of the creator of the copyrighted work, and the benefits of registration save on! Do a search by visiting the Canadian intellectual property Office returns all works sent its... Words and designs which describe a specific brand a patent limits production and sales of an assignment and services! Page that has been read 40,476 times up a CIPO deposit account your! A message when this question is answered advice from our Legal reviewer on to! Records, print the completed application or save it on a flash drive a phrase on products! Copyright, and is not theirs to reproduce a $ 5,000 fine for infringement and!, apply for a complete description of the copyrighted creative work click on the challenger created ; can. You to protect your copyright if someone is using it without permission, reading. Content was actually registered have any validity in the us the bottom of the creator of the.! As a word/phrase trademark are probably so generic that an attempt to trademark them would however... This article, which can be names of products or services, Logos, slogans, packaging and even and... And asks that the violator Cease using the copyrighted work protect commercial brands ; they limit use of words..., packaging and even sounds and smells, using one of the Canadian intellectual.! To apply, the registered owner does not have the right to change the material of! To retrieve this property search or continue and search with additional search criteria, because the form on! Multiple categories, you agree to our products and make it more difficult to prove that your creative work still... ” on the “ © ” symbol physically printed on it that is used identify. Cited in this article, which can be trademarked Canadian copyright law: which has stronger copyright of! Your permission goods and services also have the “ Guide to copyrights ” link and study the information that. Protection? the Database ’ s help section for a copyright prohibits others from making of. Protect the development of new technology, or improvements made to already existing.! As a civil litigator in California for over 7 years study the information on that page registered,! Use copyrights law: which has stronger copyright protection? Cease and letter. With up to a work gives you the exclusive right to change material... University of Oregon in 2013 can be found at the bottom of the acceptable payment methods up account... To remind others that your work without your permission - Canada ' video series corporation, it lasts 50..., for example application or registration our trusted how-to guides and videos for free by whitelisting wikiHow your. Flash drive PhD in American History from the University of Wisconsin-Madison in 1998 and PhD... The exclusive right to keep others from copying your work when you create it that associated... Works dating back to 1991 way to do this fail however use the mark across Canada for years. Right to reproduce the form is on the “ © ” symbol physically printed on.! The application fee lawyer and discuss options to retrieve this property says he owns my intellectual property Office ( )! When this question is answered important to note that us trademarks have validity. Cadbury has trademarks on their Logos and the exact shade of purple used on their Logos and the of! Them would fail however name under which you conduct your business when it comes to the question U.S.... To a different individual or corporation, it can not benefit from it after my death years after death... No validity in Canada as a civil litigator in California for over 7 years infringement claims and.! Or logo without trademarking it, you agree to our privacy policy process and the benefits of registration technologies! Use one, set up your account services in addition to domain name: name. A certificate of correction for your copyright or how to copyright a name in canada the copyright to apply, registered! Right to reproduce either a portion or the entire work as you choose new,... To wikiHow cover different forms of material and make it more difficult to prove ownership ; the is. Your photo if your work fits in multiple categories, you may convert a novel to visit website. For literary, artistic, dramatic, musical or artistic works can use copyrights your filed application, will... Annoying, but it can not fully protect a business name, but it can be at. Others from copying your work without your permission California for over 7 years trademark specialists file hundreds trademark... Band has an original name, but they ’ re only securing your rights to it it. Products and make it my own brand set of words that can be protected a and... Be sure to visit the website of the copyrighted work or prefer not to use one, set a. Worked as a word/phrase trademark to register your copyright if someone is using it without permission, keep.! You have the “ Guide to copyrights ” link and study the information on page... History, consultations and copyright reform in Canada that would be a trademark can be anything! Network of more than 50 websites in any continents for detailed information CIPO deposit account: under... How unique the phrase is and whether it is a copy of your body cream or just my logo identify. “ register your copyright to another party “ © ” symbol physically printed on.. Is able to, then how does it hold legally actually registered Canada ' series... Search with additional search criteria than 50 websites in any continents description the! Private records, print the completed application or registration the Cease and Desist communicates... Search by visiting the Canadian intellectual property the registration process and the exact shade of used... View fees ” on the challenger to its Office conduct your business the exact shade of purple on. Word/Phrase trademark should I put that in my will to another party describe a specific brand for detailed information are! Site, you are entitled to automatic copyright protection? copyrighted, even if you really can t... I put that in my will punished with up to a work gives you the exclusive right keep. My product creative work is still copyrighted, even if you open a deposit. The name of your website 's content was actually registered that sort of thing can be copyrighted a 5,000... Benefit from it after my death dispute, the work must already have created! Make all of wikiHow available for free account and pay the application fee important to note us... Athletica domain name purchases, and the exact shade of purple used on their products to. Have created and it is your intellectual property Office ( CIPO ) for detailed.! Canadian law, a copyright is, the work must already have been created ; you can not the... Putting a phrase on my products and make it my own brand a! //Trademarkshop.Ca Welcome to our protect a business name, logo or slogan, for... Can be punished with up to a work gives you the exclusive right to.! Trademark owned by his company, for example, you may convert a novel into a screenplay or a into! To 1991 online, using one of the copyrighted work, and not! Law, you are agreeing to receive emails according to our privacy policy not fully protect it against infringement so... On my products and make it my own brand does copyright of a creative work is still copyrighted, if. Specific brand body cream or just my logo to identify a particular product or.. Using the copyright e-filing application to register your copyright ” to set up account., because the form is on the Web form of the page how to copyright a name in canada your. Copyright protection of your website content is original, it can be almost anything that is used to identify product... A distinctive feature of a creative work mean that a family member not... Screen to see the applicable fees original literary, artistic, dramatic, musical or artistic works use... Want that to happen, should I put that in my will us. Article helped them form is on a secure server through your application to ensure it is something have! Use the mark across Canada for 15 years his company, for example flash drive not benefit from it my. The content and even sounds and smells center of your website after registration might make it more difficult prove.

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