Copyright & Intellectual Property Law

What is the difference between a trade-mark, copyright, patent and industrial design? How can I protect my company’s intellectual property? What do I do if someone sends me a cease and desist letter? When can I use ™ or ®? What do I do if someone is using my name/trade-mark on their website?

In this session, Sharon Groom offers five good ideas on copyright and intellectual property law.

Download the handout of Sharon’s presentation.

A cautionary note

The foregoing text and video is provided for general information purposes only. It is neither intended as, nor should be considered, legal advice and readers and viewers are cautioned against making any decisions based on this material alone. Rather, a qualified lawyer should be consulted. © McMillan LLP 2010.

Five Good Ideas

  1. Familiarize yourself with the different types of intellectual property (“IP”) protection available to you.
  2. Before choosing a trade-mark for your business, do some searches to see if it, or one similar, is already in use for similar services/wares.
  3. Once you have chosen a mark, register it with the Canadian Intellectual Property office, either yourself or through an IP professional.
  4. Use proper markings for your copyright and trade-marks to put others on notice of your rights.
  5. Have an internal process in place to periodically review new IP that is being used in your business, whether it is protected, and properly marked.

Five Good Resources

  1. Canadian Intellectual Property Office
  2. Canadian Trade-marks database
  3. Filing a trade-mark application
  4. Intellectual Property Institute of Canada
  5. Creative Commons

McMillan LLP

This Five Good Ideas session was made possible by the generous support of McMillan LLP.

Sharon Groom

Partner, McMIllan LLP

Sharon Groom

Sharon Groom is a Partner at McMillan LLP in Toronto where her practice focuses on Intellectual Property, and Advertising and Marketing law. Prior to joining the firm, Sharon practiced in-house with Harlequin Enterprises Limited where she was Director of Legal Affairs as well as in charge of their global portfolio of trade-marks, Thomas Cook Group where she was General Counsel for the Americas and Newbridge Networks Corporation where she advised on various technology issues.

Sharon is Co-Chair of McMillan’s Intellectual Property and Technology Law Group as well as their Advertising and Marketing Group. Sharon is also an adjudicator for .ca domain name disputes. Sharon received her B. Mus. in piano performance and LL.B from Queen’s University.