The term, Intellectual Property, refers to some intangible assets owned by a company and protected by laws. Without the consent of that company, no one should use and implement these non-physical assets. A trademark is one of the Intellectual Properties, and a company invests a high amount to care for the corporate image, like a trademark.
Trademarks can be a combination of sounds, words, designs, colors, 3D shapes, holograms, and moving images.
Moreover, Copyrights ensure protection for your artistic, literary, musical, and dramatic works.
Moreover, patents include new inventions, and something new added to your present inventions.
To get copyright protection in Toronto, Canada, your work needs to be creative and original, and you must have Canadian citizenship. Although you may register your copyright for legal protection, it is not compulsory. But, registration becomes evidence of the subsistence of your copyright. Moreover, with registration, there will be no conflict about the presence of copyright in a copyrighted work.
Copyright protection and its validity
From the day you have done your work, it marks the existence of copyrights. It can last 50 years from the day when the author/creator of the work dies. This rule is applicable while the creator is the corporate body. However, when it is an anonymous work, this duration can be 75 years.
Find the best legal help for copyright registration
Within a couple of days of your application, you can get the registration certificate. Thus, to enforce your copyright against infringers, you need to undergo the registration process.
The qualified and reliable lawyer, Jonathan Kleiman, is ready to prepare your copyright registration applications and arrange other related applications. Besides, as he knows about Canadian laws, he will manage the process rightly.
When can you file a copyright infringement lawsuit?
- If you have found the defendant doing something that only a copyright owner can do.
- When a defendant has omitted a part of the original work resulting in an effect on the author’s moral rights.
- If a defendant has intentionally dealt with some products causing direct infringement.
You can appeal to the Federal Court in Canada for legal proceedings against copyright infringement.
However, the defendant can look for ways to defend himself from your copyright infringement lawsuit. He can claim that
- The copyright is invalid
- The disputed work does not constitute a considerable part of the copyrighted work.
- It is an independent creation
Trademark registration- Infringement lawsuits and defenses
You know that trademarks are useful for distinguishing the services and products of your company. They are also important to represent the goodwill and reputation of your business. With trademark registration in Toronto, Canada, you will hold some exclusive rights. You need to renew this trademark every 10 years.
Based on the Trade Marks Act, you are prohibited from registering-
- Names and surnames
- Descriptive marks
- Words representing geographical location
- Generic names of your services and goods
- Designs looking like a illegal mark
When can you take action against trademark infringements?
You can take actions if the below things take place-
- Someone has used trademarks identical to yours
- Defendant has chosen similar trade names and trademarks.
To know the potential of winning the lawsuit, you can have a free consultation with the lawyer, Jonathan Kleiman.
When someone has brought allegations against you for trademark infringement, you have some defenses-
- You have not infringed trademark registration.
- It is not a valid trademark
- The owner has abandoned the trademark
- The trademark registration applicant has no eligibility for securing this registration
If you have filed a trademark infringement lawsuit, the court may order any of the following things-
- Punitive damages
- Legal costs
- Permanent and interim injunction
Trademark registration and infringement- Why do you need a lawyer?
To deal with trademark infringement cases, you must engage a reliable lawyer or a law firm and get a consultation. If it is a trademark registration process, some of us think that we can manage it on our own. Maybe, you have confidence in filling out registration forms in Toronto. Still, it is essential to rely on legal help for sending trademark applications. Why?
- A trademark search is a technical process- Of course, you play a role in providing your business details and other information. However, to represent and classify your trademark, you may face issues. The Canadian Intellectual Property Office is much strict on the way of representing your trademark.
- Trademark registration is something legal- The best trademark lawyer, like Jonathan Kleiman, will work with you to help you in sending the application form. With legal help, you will find it easy to name and file the trademark of your company.
To learn more about trademark and copyright laws in Toronto, you can hire the lawyer. Jonathan Kleiman is ready for a free consultation and to provide you with legal help.