You need both trademark and copyright protection for your Canadian business, but for entirely different assets.
A trademark covers your brand identifiers. Copyright covers your creative works.
Most entrepreneurs confuse the two, and that mistake can cost you your business name or your creative work.
Here’s what each one covers and when you need both for your business in Canada.
What are the Key Differences Between Trademark and Copyright?
The difference between trademark and copyright starts with what each one protects.
A trademark protects brand identifiers like your business name, logo, and slogan. Copyright protects original creative works like written content, photos, software, and video.
Both serve different purposes. Most Canadian businesses need both.
| Trademark | Copyright | |
|---|---|---|
| What it protects | Business names, logos, slogans | Written works, artwork, software, photos |
| Registration required? | Optional, strongly recommended | No. Automatic at creation |
| Administered by | Canadian Intellectual Property Office (CIPO) | CIPO (optional) |
| Protection duration | 10 years, renewable | Life of author + 70 years |
| Cost to register (2026) | $491.06 online, first class | Optional fee at CIPO |
| Symbols | ™ (unregistered), ® (registered) | © |
Pricing reflects rates at the time of publication and is subject to change.
What is Copyright, and What Does It Protect?
Copyright is the exclusive legal right to produce, reproduce, publish, or perform an original literary, artistic, dramatic, or musical work. Copyright automatically protects original creative works in Canada at the moment of creation, without formal registration (Copyright Act, R.S.C. 1985, c. C-42).
Copyright covers website copy, blog posts, product descriptions, photos, illustrations, graphic designs, videos, and podcasts. Software code, artistic works, music, films, and written content are all protected under Canadian copyright law automatically.
Copyright does NOT cover ideas, facts, names, titles, or short phrases. Those require trademark or other IP protection.
Automatic vs. registered. You do not need to register for copyright to apply. But copyright registration with CIPO as an optional step provides an evidentiary benefit in infringement proceedings. This makes court enforcement faster and less expensive.
In Canada, copyright lasts for the life of the author plus an additional 70 years under CUSMA-aligned Canadian copyright duration provisions. This was extended from 50 years, effective December 30, 2022. (Copyright Act, s. 6) After that, the work enters the public domain.
Copyright grants the copyright owner exclusive rights to reproduce, distribute, display, perform, and create derivative works. Canadian copyright owners can license rights to third parties while retaining underlying ownership of the work. Note that fair dealing of copyrighted material for research, private study, education, parody, and satire purposes is also permitted under Canadian law.
If someone copies your work without permission, statutory damages between $500 and $20,000 per work apply for commercial copyright infringement, and $100 to $5,000 per work apply for non-commercial copyright infringement in Canada. (Copyright Act, s. 38.1)
If you created something while employed, your employer may own the copyright. Check your employment agreement to confirm.
What is a Trademark, and What Does It Protect?
A trademark is a word, logo, design, sound, or combination of elements that distinguishes your goods or services from competitors. A trademark protects brand names, logos, and slogans used in Canada through federal trademark registration with CIPO.
Canada recognizes two types. An ordinary mark protects something specific to your brand that no one else can use without permission. A certification mark gets licensed to multiple companies to signal that their goods meet a defined standard.
Unregistered vs. Registered
- The ™ symbol signals a claim but provides no federal protection.
- The ® symbol requires CIPO registration. It gives exclusive nationwide rights.
Read more: How to check trademarks in Canada
Under Canadian trademark law, a trademark protects trade dress, including product packaging and design, alongside other brand elements. To qualify, Canadian trademark applicants must demonstrate distinctiveness to set themselves apart from competitors. Early registration matters most in competitive industries.
Once registered, trademark owners can block the importation of infringing goods through the Canada Border Services Agency. But registration alone is not enough. You can risk losing rights through abandonment or expungement. That means you need to actively use it in commerce to maintain a valid Canadian trademark registration.
For international reach, trademark registration through the Madrid Protocol filing system, available through CIPO, protects brand identity across international markets.
- Online filing fee, first class: $491.06 CAD
- Each additional class: $149.04 CAD
April 2025 Trademarks Act Amendments. As of April 1, 2025, the Registrar of Trademarks has new powers under the amended Act, including the ability to issue confidentiality orders and award costs in trademark oppositions and cancellation proceedings through the CIPO Trademarks Opposition Board process. A new process now also lets parties challenge Official Marks directly before the Registrar, without going to the Federal Court. If you file or manage trademarks in 2026, confirm your filings comply with the amended Act.
Read more: How to register a trademark for your business
When Do You Need Both Trademark and Copyright Protection for a Single Asset?
Some business assets qualify for both protections. Registering both gives you the strongest coverage.
Your logo is the clearest example. Copyright protects it as an original artistic work. A trademark protects your brand identity and prevents other businesses from using a confusingly similar mark. Copyright alone will not stop a competitor from trading under a similar-looking logo with a different name.
Website copy and marketing materials get automatic copyright protection. For slogans and taglines, trademark adds a layer that copyright cannot. Short phrases are not copyrightable.
Copyright covers creative content, and trademark covers brand identifiers. They complement each other.
Read more: What is an IP agreement?
Which Protection Do You Actually Need?
Your situation determines which protection you need. Here are the most common scenarios Canadian business owners face, along with the right tool for each.
- Naming your business: Business names are not protected by copyright. Register with CIPO for national trademark protection.
- Designing a logo: Register both. Copyright is automatic. A trademark requires CIPO registration.
- Writing content: Copyright automatically covers website copy, blog posts, and product descriptions from creation. For slogans, add trademark protection.
- Building an app: Source code gets copyright protection as a literary work. The app name and logo require trademark registration.
- Protecting everything: For most Canadian businesses, copyright plus trademark registration covers all the bases.
Should I copyright or trademark a business name?
Trademark your business name. Register your business name with CIPO for exclusive national rights. Copyright any logos that you use for your company.
Protect Your Business Name and Brand with Ownr.co
Incorporation and trademark registration are separate steps that work best together. Incorporation through Ownr.co protects your business name provincially. Trademark registration with CIPO protects your brand nationally.
Ownr.co handles the incorporation side quickly, affordably, and without the legal jargon. From there, you take the trademark step directly through CIPO, or through an IP professional.
Start with the foundation. Register or incorporate your business with Ownr.co today.
Frequently Asked Questions
Can Someone Use My Logo Without Permission If I Haven’t Registered a Trademark?
Yes. Without a registered trademark, you have limited recourse if another business uses a confusingly similar logo. Copyright protects the artistic elements automatically, but it does not stop a competitor from trading under a similar-looking mark under a different name. Trademark registration with CIPO gives you exclusive nationwide rights to enforce.
Do I need to register a copyright in Canada?
No. Copyright is automatic in Canada from the moment you create and fix an original work. No application or fee required.
How long does copyright last in Canada?
Copyright in Canada lasts for the life of the author plus 70 years, extended from 50 years effective December 30, 2022, under Canada’s CUSMA implementation. For works with multiple authors, the 70-year term runs from the death of the last surviving author.
How much does it cost to register a trademark in Canada?
As of 2026, the government filing fee is $491.06 CAD online for the first class of goods or services, plus $149.04 per additional class. Verify current fees at CIPO before filing, as they adjust annually.
Can a logo be both copyrighted and trademarked?
Yes, and you should register both. Copyright protects the design as an original artistic work, automatically from creation. A trademark protects the brand identifier and requires CIPO registration. Copyright prevents copying. A trademark prevents competitors from using a confusingly similar mark commercially.
What changed in Canada’s trademark law in 2025?
The Registrar of Trademarks now has the power to issue confidentiality orders, award costs, and case-manage proceedings before the Trademarks Opposition Board. A new process also allows parties to challenge Official Marks directly before the Registrar.
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This article offers general information only, is current as of the date of publication, and is not intended as legal, financial or other professional advice. A professional advisor should be consulted regarding your specific situation. While the information presented is believed to be factual and current, its accuracy is not guaranteed and it should not be regarded as a complete analysis of the subjects discussed. All expressions of opinion reflect the judgment of the author(s) as of the date of publication and are subject to change. No endorsement of any third parties or their advice, opinions, information, products or services is expressly given or implied by RBC Ventures Inc. or its affiliates.