Understanding Copyright and Trademark in Ontario

If you run a business in Ontario or create original work—whether it’s writing, music, design, or branding—it’s important to know how to protect what you’ve built.

Two of the most common tools for doing this are copyright and trademark. They may sound similar, but they protect very different things and work in different ways under Canadian law.

In this article, we’ll explain how copyright and trademark work in Ontario. We’ll cover the legal rules, what they protect, how long they last, and the steps involved. We’ll also go over the pros and cons of each. This will help you decide which one you need—or if you need both.

If you’re an entrepreneur, a content creator, or someone managing a brand, having a clear understanding of these rights can save time, money, and legal trouble later on.

What Is Copyright?

The province of Ontario in Canada has copyright laws in place to safeguard creative works like novels, songs, movies, computer programs, and images.

This protection is governed by the Copyright Act and applies automatically when an original work is created and fixed in a tangible form. Registration is not required for protection, but it can be beneficial if you need to enforce your rights.

Copyright grants the creator exclusive rights to reproduce, publish, perform, or adapt the work. It also includes moral rights, which protect the creator’s reputation and the integrity of the work.

As of December 30, 2022, the general term of copyright protection in Canada has been extended from 50 years to 70 years after the end of the calendar year in which the author dies. This change aligns Canada with many of its major trading partners, including the United States and the European Union.

This extension means that works of authors who died in 1972 or later will now be protected until 70 years after their death. However, this change is not retroactive; works that were already in the public domain as of December 31, 2022, remain there.

For works created by more than one person, the copyright protection lasts for 70 years after the death of the last surviving author. In the case of anonymous or pseudonymous works, the term is 70 years from the date of publication or 75 years from the date of creation, whichever is shorter.

It’s important to note that moral rights in Canada cannot be assigned (except by inheritance) but can be waived in whole or in part. These rights endure for the same term as the copyright itself.

Artists and companies in Ontario would do well to familiarize themselves with these facets of copyright law so that their creations are properly safeguarded.

What Is a Trademark?

Trademarks in Ontario safeguard everything that people associate with your company, whether it’s a name, logo, slogan, or even an audible or visible feature.

Trademarks are governed by the Trademarks Act, and the Canadian Intellectual Property Office (CIPO) oversees the registration process.

While you can use a trademark without registering it (known as a common-law trademark), registering your trademark with CIPO provides stronger legal protection. Registration grants you exclusive rights to use the mark across Canada in connection with the goods or services listed in your registration. It also simplifies enforcement against infringement and allows for easier expansion into international markets through mechanisms like the Madrid Protocol.

A registered trademark lasts for 10 years and can be renewed indefinitely, provided it’s in use. It’s important to note that, as of April 1, 2025, amendments to the Trademarks Act will require proof of use to obtain relief in court proceedings, emphasizing the need for active use of the trademark.

Companies and artists in Ontario would do well to familiarize themselves with these areas of trademark law so that they may get sufficient protection for their brand features.

Key Differences Between Copyright and Trademark

The Benefits and the Boundaries of Copyright and Trademark

When deciding between copyright and trademark protection—or whether you need both—it helps to understand the key benefits and limitations of each. Both serve different purposes and offer different kinds of protection.

Here’s a quick look at the main pros and cons to help you make a more informed choice.

Copyright

Pros:

• Automatic protection upon creation.
• Covers a wide range of creative works.
• Includes moral rights to protect the creator’s reputation.

Cons:

• Doesn’t protect brand names or logos.
• Enforcement can be challenging without registration.

Trademark

Pros:

• Protects brand identity and helps prevent consumer confusion.
• Registered trademarks provide nationwide rights in Canada.
• Can be renewed indefinitely as long as they’re in use.

Cons:

• Registration process can be time-consuming and involves fees.
• Unregistered trademarks have limited protection and can be harder to enforce.

Copyright Vs Trademark in Ontario: Which One Do You Need?

If you’re in Ontario and unsure whether you need copyright or a trademark, the answer depends on what you do and what you’re trying to protect.

If you’re a creator—maybe you write, make music, design, or build software—copyright is what protects your original work. You don’t need to register it for protection in Canada. As soon as your work is created and saved in a fixed form, it’s protected under the Copyright Act. Still, registering it can help if you ever need to prove ownership or take legal action. Copyright also includes moral rights, which protect how your work is used and how your name is attached to it.

On the other hand, if you’re building a brand—like launching a product, service, or company name—trademark protection is key. A trademark covers things like your business name, logo, or slogan. While you can have some protection just by using your mark (this is called a common-law trademark), registering it with the Canadian Intellectual Property Office (CIPO) gives you stronger legal rights. It helps protect your brand across Canada and makes it easier to stop others from copying it.

A lot of businesses use both. For example, a business might register a trademark for its name and logo, while also owning copyright in its website content or product packaging. Using both helps cover different parts of your business and adds a stronger layer of legal protection.

No matter if you’re creating original work or growing a brand, understanding how copyright and trademark protection works—and using it properly—can really help keep your work and ideas safe.

Clearing Up Common Misunderstandings About Copyright and Trademark in Ontario

Many people in Ontario, including business owners and creators, often confuse how copyright and trademark protections work. This confusion can lead to mistakes that might affect your legal rights.

Let’s go over some of the most common myths and set the record straight.

●     “I’ve Registered My Business Name, So I’m Fully Protected”

Registering your business name with the province or federal government is not the same as registering a trademark. A business name registration allows you to operate under that name, but it doesn’t grant you exclusive rights to use it in the marketplace. To obtain exclusive rights to a name, logo, or slogan across Canada, you need to register it as a trademark with the Canadian Intellectual Property Office (CIPO). This registration provides stronger legal protection and helps prevent others from using a similar mark in a way that could confuse consumers.

●     “I Can Use the ® Symbol as Soon as I Apply for a Trademark”

In Canada, you can only use the ® symbol after your trademark has been officially registered with CIPO. Before registration, you may use the ™ symbol to indicate that you’re claiming rights to a trademark. Using the ® symbol without registration is misleading and could potentially lead to legal issues.

●     “Copyright Protects My Ideas”

Copyright law protects the expression of ideas, not the ideas themselves. This means that while your specific written article, song, or artwork is protected, the underlying concepts or facts are not. For example, you can’t claim copyright over the idea of a love story, but your unique written version of that story is protected.

●     “I Need to Register My Copyright to Be Protected”

In Canada, copyright protection is automatic as soon as you create an original work and fix it in a tangible form, such as writing it down or recording it. Registration is not required for protection. However, registering your copyright can be beneficial if you need to enforce your rights in court, as it serves as evidence of ownership.

●     “Trademarks Last Forever Without Renewal”

While trademark rights can last indefinitely, they require maintenance. In Canada, a registered trademark is valid for 10 years and can be renewed every 10 years. Additionally, you must continue to use the trademark in commerce; failure to do so can result in the loss of rights.

●     “I Bought It, So I Can Use It However I Want”

Purchasing a physical copy of a work, like a book or a CD, does not grant you the rights to reproduce, distribute, or publicly display the work. Ownership of a copy is different from ownership of the copyright. To use the work beyond personal use, you need permission from the copyright holder.

●     “Using a Small Part of a Work Is Always Okay”

There’s a common belief that using a small portion of a copyrighted work falls under fair use or fair dealing. However, there’s no specific rule about how much you can use. Even a small excerpt can be considered infringement if it’s a substantial part of the work. Each case is evaluated individually, considering factors like the purpose of use and the amount used.

●     “I Can Reserve a Trademark for Future Use”

In Canada, you cannot reserve a trademark indefinitely without using it. Trademark protection requires actual use in commerce. If you apply for a trademark with the intention to use it in the future, you must begin using it within a specific timeframe; otherwise, the application may be canceled.

Final Thoughts

To protect your intellectual property in Ontario, it’s important to know the difference between copyright and trademark.

Copyright covers your original creative works, like writing, music, or art. Trademarks, on the other hand, protect things that identify your brand, such as your business name, logo, or slogan.

Depending on what you do, you may need one or both types of protection to keep your work and brand safe.

Taking the time to understand these protections will help you make smart decisions and avoid problems down the road.

It’s important to stay informed, understand how copyright and trademark laws apply to your situation, and consult with a legal expert who knows the ins and outs of intellectual property in Ontario.

The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.