{"id":8297,"date":"2023-10-03T03:52:00","date_gmt":"2023-10-03T03:52:00","guid":{"rendered":"https:\/\/ownrblog-preprod.go-vip.net\/?p=8297"},"modified":"2026-07-10T03:22:38","modified_gmt":"2026-07-10T07:22:38","slug":"copyright-vs-trademark","status":"publish","type":"post","link":"https:\/\/www.ownr.co\/blog\/copyright-vs-trademark\/","title":{"rendered":"Trademark vs. Copyright: Which Do You Need for Your Business in Canada?"},"content":{"rendered":"

You need both trademark and copyright protection for your Canadian business, but for entirely different assets.\u00a0<\/span><\/p>\n

A trademark covers your brand identifiers. Copyright covers your creative works.\u00a0<\/span><\/p>\n

Most entrepreneurs confuse the two, and that mistake can cost you your business name or your creative work.<\/span><\/p>\n

Here’s what each one covers and when you need both for your business in Canada.<\/span><\/p>\n

What are the Key Differences Between Trademark and Copyright?<\/span><\/h2>\n

The difference between trademark and copyright starts with what each one protects.\u00a0<\/span><\/p>\n

A trademark protects brand identifiers like your business name, logo, and slogan. Copyright protects original creative works like written content, photos, software, and video.\u00a0<\/span><\/p>\n

Both serve different purposes. Most Canadian businesses need both.<\/span><\/p>\n\n\n\n\n\n\n\n\n\n\n
<\/th>\nTrademark<\/th>\nCopyright<\/th>\n<\/tr>\n<\/thead>\n
What it protects<\/td>\nBusiness names, logos, slogans<\/td>\nWritten works, artwork, software, photos<\/td>\n<\/tr>\n
Registration required?<\/td>\nOptional, strongly recommended<\/td>\nNo. Automatic at creation<\/td>\n<\/tr>\n
Administered by<\/td>\nCanadian Intellectual Property Office (CIPO)<\/td>\nCIPO (optional)<\/td>\n<\/tr>\n
Protection duration<\/td>\n10 years, renewable<\/td>\nLife of author + 70 years<\/td>\n<\/tr>\n
Cost to register (2026)<\/td>\n$491.06 online, first class<\/td>\nOptional fee at CIPO<\/td>\n<\/tr>\n
Symbols<\/td>\n\u2122 (unregistered), \u00ae (registered)<\/td>\n\u00a9<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Pricing reflects rates at the time of publication and is subject to change.<\/span><\/p>\n

What is Copyright, and What Does It Protect?<\/span><\/h2>\n

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 (<\/span>Copyright Act, R.S.C. 1985, c. C-42<\/span><\/a>).<\/span><\/p>\n

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.<\/span><\/p>\n

Copyright does NOT cover ideas, facts, names, titles, or short phrases. Those require trademark or other IP protection.<\/span><\/p>\n

Automatic vs. registered.<\/b> 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.<\/span><\/p>\n

In Canada, copyright lasts for the life of the author plus an additional 70 years under CUSMA-aligned Canadian copyright duration provisions<\/span>.<\/b> This was extended from 50 years, effective December 30, 2022. (<\/span>Copyright Act, s. 6<\/span><\/a>) After that, the work enters the public domain.<\/span><\/p>\n

Copyright grants the copyright owner exclusive rights to reproduce, distribute, display, perform, and create derivative works<\/span>.<\/b> 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 purpose<\/span>s<\/b> is also permitted under Canadian law.<\/span><\/p>\n

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. (<\/span>Copyright Act, s. 38.1<\/span><\/a>)<\/span><\/p>\n

If you created something while employed, your employer may own the copyright. Check your<\/span> employment agreement<\/span><\/a> to confirm.<\/span><\/p>\n

What is a Trademark, and What Does It Protect?<\/span><\/h2>\n

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.\u00a0<\/span><\/p>\n

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.<\/span><\/p>\n

Unregistered vs. Registered<\/b><\/p>\n