Updated: May 14, 2023
In Canada, both registered trademark agents and trademark lawyers can provide legal services related to trademarks provided they are licensed in Canada, but there are some important differences between them.
A registered trademark agent is a professional who is licensed by the College of Patent Agents and Trademark Agents in Canada (CPATA) to provide services related to trademarks, such as conducting trademark searches, preparing and filing trademark applications, and representing clients before the Trademarks Opposition Board. To become a trademark agent, an individual must pass a qualifying examination administered by CPATA and meet certain fitness to practice and experience requirements.
A registered trademark agent’s services are limited to representing a client before the Canadian Intellectual Property Office. In Canada, only registered trademark agents can represent a client before the Canadian Intellectual Property Office.
On the other hand, a trademark lawyer is a lawyer who is licensed by a provincial or territorial law society to practice law and provide legal services who provides services related to trademarks. Lawyers similarly have fitness to practice requirements. Lawyers are licensed to provide broader legal advice on intellectual property and trademark matters including representing clients in Court, preparing contracts, providing legal advice and legal opinions. A trademark agent cannot represent a client in Court and lawyers cannot represent a client before the Canadian Intellectual Property Office unless they are a registered trademark agent.
In general, trademark agents are more focused on the procedural aspects of trademark registration and maintenance, while trademark lawyers are able to provide more comprehensive legal advice and representation. However, both trademark agents and trademark lawyers can provide valuable services to clients seeking to protect and enforce their trademark rights in Canada in the areas in which they are licensed.
It is important to do your research when hiring a trademark lawyer as any lawyer can claim to be trademark lawyer. At Lomic Law our entire practice is focused on intellectual property including trademarks.
At Lomic Law all of our lawyers are both registered trademark agents and trademark lawyers. In addition, Paul Lomic is a Certified Specialist in Intellectual Property Law (Trademarks) by the Law Society of Ontario.
Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.
If you receive a trademark cease and desist letter, it is important to consider the following steps:
Read the letter carefully to understand the allegations of infringement and/or passing off and the demands being made.
Do not ignore the letter. Even if you believe that you are not infringing on the trademark, it is important to take the matter seriously and respond appropriately.
Consult with a lawyer who specializes in trademark law . They can help you understand your legal rights and options, and advise you on the best course of action. It is highly recommended that you consult a lawyer prior to responding to the cease and desist letter or taking any steps. There can be serious adverse consequences to not taking appropriate action.
If you decide to challenge the trademark owner's claims of infringement, gather evidence to support your position and prepare a response to the cease and desist letter. It is highly recommend that this step be done with your trademark lawyer. There can be adverse consequences to not taking appropriate action.
Consider negotiating a settlement or a license agreement with the trademark owner. This may be a cost-effective way to resolve the dispute without going to court. It is highly recommend that this step be done with your trademark lawyer. There can be serious adverse consequences to not taking appropriate action.
Respond to the letter within the deadline provided, even if it is to request more time to consider your options or seek legal advice.
Keep records of all correspondence and interactions with the trademark owner and their representatives, as this may be useful in the event of litigation.
Remember, a trademark cease and desist letter is a serious matter, and ignoring it or failing to respond appropriately can result in legal action, significant costs, legal fees and the mater being decided in court without your participation.
Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.
1. What is copyright in Canada? Copyright protects original works of authorship, such as literary, artistic, musical, or other creative works, including books, paintings, songs, software code, and more. Copyright gives the owner exclusive rights to reproduce, distribute, and display their work.
2. Can I copyright my ideas in Canada? No, ideas themselves cannot be copyrighted in Canada. Only original works that are fixed in a tangible form, such as a book, painting, or song, can be protected by copyright.
3. Do I need to register my copyright in Canada? No, there is no registration requirement for copyright in Canada. Copyright is created when the work is created and fixed in a tangible medium such as applying paint to a canvas. There are advantages to registration of a copyright in that you may have additional remedies if your copyright is infringed.
4. How do I register my copyright in Canada? To register a copyright in Canada, you must file a copyright application with the Canadian Intellectual Property Office (CIPO) and pay the required fees.
5. How long does it take to register a copyright in Canada? You obtain you copyright registration number upon completion of the registration process and paying the government fee. It may take several weeks to obtain the formal copyright registration document.
6. What is the cost of a copyright registration in Canada? The cost of copyright registration in Canada varies depending on the type of application. The Government fees range from $50 to $65 for registration of an application to registration of an assignment or license respectively. The current government fees are listed on the CIPO website and may be updated every year. These fees do not include the legal fees to to hire a lawyer to assist you in preparing your copyright application and developing a strategy to protect your copyright and intellectual property.
7. How long does copyright protection last in Canada? In Canada, copyright protection typically lasts for the life of the creator plus 70 years. However, the duration of copyright can vary depending on the type of work.
8. Can I use copyrighted material without permission in Canada? No, it is illegal to use copyrighted material without permission in Canada. However, there are some exceptions, such as fair dealing for the purposes of research, private study, education, parody, satire, criticism, review, or news reporting.
9. How do I get permission to use copyrighted material in Canada? You must seek permission from the copyright holder in order to use their material. This can often be done by contacting the publisher or creator of the work.
10. What are the penalties for copyright infringement in Canada? The penalties for copyright infringement in Canada can include fines, damages, and even imprisonment in severe cases. It is important to respect the rights of copyright holders and obtain permission before using their work.
11. What is considered fair dealing in Canada? Fair dealing in Canada allows for the limited use of copyrighted material without permission for certain purposes, such as research, private study, education, parody, satire, criticism, review, or news reporting. Legal advise may assist you in avoiding copyright infringement issues when relying upon fair dealing in the use of copyrighted material.
12. What are moral rights in Canadian copyright law? Moral rights are the rights of creators to protect the integrity of their work. Moral rights include the right to attribution, including the right to be anonymous and the right to the integrity of the work.
13. Can I use public domain works without permission in Canada? It is important to note that works that may appear to be in the public domain may in fact be subject to copyright licenses and copyright protection and may have restrictions on their use including restrictions on commercial use. Legal advise may assist you in avoiding copyright infringement issues.
14. What are the possible penalties or consequences for copyright infringement in Canada? Penalties for copyright infringement in Canada can include fines, damages, and even imprisonment in severe cases.
15. What is the Berne Convention and how does it relate to copyright in Canada? The Berne Convention is an international treaty that establishes minimum standards for copyright protection among its member countries, including Canada. It allows for creators of works to have their copyright protected in all countries that are signatories to the treaty.
Consider seeking legal advice to help you navigate the various forms of intellectual property to help you protect your ideas and business. A trademark lawyer can help you understand your options and develop a strategy to protect your intellectual property.
Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.
