2019-11-05
Businesses often run into problems when they don’t understand the difference between intellectual property and trademark. A misunderstanding of these can cause a company to lose rights to property they assumed they still owned.
It is not uncommon for businesses to miss the opportunity to protect some of their intellectual property. In other cases, they may consult a trademark lawyer or agent for assistance with their trademarks or a patent lawyer or agent for assistance with their patents. Obtaining advice as soon as possible can help to prevent a loss of rights or avoidable legal issues.
Key Facts About Intellectual Property
Intellectual property includes patents, trademarks, copyrights, industrial designs and trade secrets. Each of these intellectual properties are protected in different ways.
Without a patent application and/or industrial design, your invention is not protected from someone else using it. Basic trademark protection is available once you begin using a trademark or filing a trademark application. Copyright protection exists as soon as an artistic work is created and trade secrets are protected only as long as they remain secret. Patent and trademark agents and lawyers can assist in preparing a strategy to protect the many different types of intellectual property you may have.
Key Facts About Trademarks
There are two types of trademarks, registered trademarks and unregistered trademarks. Registered trademarks provide protection across Canada and require that the owner successfully traverse the trademark registration process. An unregistered trademark is created through use of the trademark. When a mark is used in commerce but is not registered, it may be considered an unregistered trademark. The protection granted by an unregistered trademark is limited to the geographic area in which it has become known. In addition, the owner of an unregistered trademark is limited to actions of passing off when infringement is found.
How Different Types of Intellectual Property Overlap
It is possible for a single piece of intellectual property to be protected by more than one type of intellectual property. A unique artistic work protected by copyright may become a trademark. A unique design of a patented invention may be protected by an industrial design. Other overlaps may also occur
To learn more about the many different types of intellectual property and how they can be used to protect your assets, contact us. Our team of professions can provide guidance and insight into the complex world of intellectual property.
