Answers To Some of Your Frequently Asked Questions (FAQ):
Q: What is Intellectual Property?
A: Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce
Q: What’s the difference between a trademark and a copyright?
A: Trademarks protect brand names, logos, and slogans used to identify goods or services. Copyrights protect original artistic or literary works.
Q: What’s the difference between ™ and ®?
A: In the US the ™ indicates an unregistered trademark, while ® is used for trademarks that have been registered. In Canada, the ™ symbol can be used for both registered and unregistered trademarks. Unlike in the US, using the ® symbol for a registered trademark is not a legal requirement in Canada.
Q: I’m the Songwriter, do I not own my song’s copyright?
A: There are two copyrights in music: Composition and Sound Recording. The Composition Copyright is typically split into Writer’s Share and Publisher’s Share for royalty purposes. If you self-publish, the composition copyright would belong 100% to you, the writer. If you self-fund the recording, you may also own the sound recording copyright.
Q: How long does trademark protection last?
A: In most countries, including Canada and the US, trademark rights can last indefinitely as long as the mark is in use and renewals are filed at required intervals (usually every 10 years).
Q: What is trademark infringement?
A: Trademark infringement occurs when someone uses a trademark that is identical or confusingly similar to an existing trademark, in a way that is likely to confuse consumers about the source of goods or services.
Q: Can I trademark a sound?
Ofcourse! Sounds can be trademarked if they have acquired distinctiveness and are not functional. Examples of registered soundmarks in Canada include the MGM lion’s roar.
Q: What is trademark dilution?
A: Trademark dilution occurs when the use of a similar mark weakens the distinctive quality of a famous trademark, even if there’s no likelihood of confusion.
Q: What’s the difference between a trademark and a trade name?
A: A trademark identifies goods or services, while a trade name is the official name under which a company does business. Sometimes they’re the same, but not always.
Q: Can I trademark a common word?
A: Yes, one way is if the word is used in a distinctive way for specific goods or services. For example, “Apple” for computers or “Shell” for gasoline.
Q: What does copyright protect?
A: Copyright protects original works of authorship fixed in a tangible medium of expression. This includes books, music, films, software, photographs, paintings, sculptures, and more.
Q: What is fair dealing/fair use?
A: Fair dealing (in Canada) or fair use (in the US) allows limited use of copyrighted material without permission for purposes such as research, private study, education, parody, criticism, or news reporting.
