What is the difference between copyright and trademarks?

Asked 3 months ago
Copyright and trademarks are two distinct forms of intellectual property protection that serve different purposes under Canadian law. Copyright protects original works of authorship, such as literary, artistic, musical, and dramatic works. This means that when an individual creates something original, such as a book, painting, or software code, they automatically hold the copyright to that work. The owner of the copyright has exclusive rights to reproduce, distribute, display, or perform the work publicly, as well as the right to create derivative works. Copyright protection does not require formal registration, but registering the copyright can make it easier to enforce those rights in case of infringement. On the other hand, trademarks are designed to protect words, phrases, symbols, or designs that identify and distinguish goods or services of one party from those of others. A trademark helps consumers recognize the source of a product or service and can include brand names, logos, slogans, and even sounds or colors. To establish a trademark right in Canada, it is advisable to register the trademark with the Canadian Intellectual Property Office to gain stronger legal protections and exclusive rights to use the trademark in relation to the goods or services for which it is registered. Unlike copyright, trademarks can potentially last indefinitely, provided they are renewed and used continuously in commerce. In summary, copyright focuses on protecting creative works, while trademarks serve to identify and distinguish goods or services in the marketplace. For more information about copyright and trademarks, it may be helpful to visit the relevant sections on the Canadian Intellectual Property Office website.
Jeff Whelpley is the editor / author responsible for this content.
Answered Aug 25, 2025

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