The Patent Act does not require that articles be marked “patented”. However, you may wish to mark your invention as “Patent applied for” or “Patent pending” after you have filed for your application. Although these phrases have no legal effect, it may warn others that you will be able to enforce your exclusive right to make the invention once a patent is granted.
A trademark is a combination of letters, words, sounds, or designs that distinguishes one company’s goods or services from those of others in the marketplace. When you register your trademark, you gain exclusive rights to use it throughout Canada for 10 years, and it is renewable.
Over time, a trademark can stand for not only the actual goods and services a person or company provides, but for the reputation of the producer.
There are two types of trademarks:
- An ordinary trademark: includes words, designs, tastes, textures, moving images, mode of packaging, holograms, sounds, scents, three-dimensional shapes, colours, or a combination of these used to distinguish the goods or services of one person or organization from those of others
- A certification mark: can be licensed to many people or companies for the purpose of showing that certain goods or services meet a defined standard.
Before filing a trademark application, a good first step is to search the Canadian Trademarks Database to ensure your trademark cannot be confused with someone else’s. If it does, you could end up infringing on someone else’s trademark and end up in court.
Visit the Government of Canada’s guide to trademarks for more information.
Copyright
Copyright is the exclusive legal right to produce, reproduce, publish, or perform an original literary, artistic, dramatic or musical work. The creator of the work is usually the copyright owner. However, an employer may have copyright in works created by employees, unless there is an agreement stating otherwise.
Canadian law protects all original creative works, provided they meet the conditions set out in the Copyright Act. When you own the copyright of a work, you control how it is used and others who want to use the work will have to get your permission.
Generally, an original work is automatically protected by copyright the moment you create it. By registering your copyright, you receive a certificate issued by the Canadian Intellectual Property Office that can be used in court as evidence that you own it.
A copyright exists in Canada during your lifetime and for 70 years following your death. After your death, the work is in the public domain, meaning anyone can use it.
Visit the Government of Canada’s guide to copyright for more information.
How to come to Canada as an entrepreneur
Immigrant entrepreneurs looking to come to Canada to develop and build a new business idea have a variety of immigration options.
The Federal Start Up Visa Program encourages immigrant entrepreneurs to grow their companies in Canada. Successful applicants link with private sector organizations in Canada, where they can receive funding, expertise, and guidance in starting and operating their enterprise. Canada targets entrepreneurs who have the potential to build innovative companies that can create jobs in the Canadian labour market and that can compete on the global scale.
Canadian provinces also offer a range of entrepreneur categories within their Provincial Nominee Programs (PNP). Through these categories, immigrant entrepreneurs can settle in a specific province.
In Quebec, the Quebec Entrepreneur category is designed for qualified business owners and managers who can create or acquire an agricultural, commercial, or industrial business in the province of Quebec.
