Your business name, logo, inventions, and creative works are among your most valuable assets. Intellectual property (IP) protection ensures you can profit from your work, prevent others from copying it, and increase the overall value of your business.
Types of Intellectual Property Protection
Trademarks
Trademarks protect brand names, taglines, and logos used for goods and services. Logos are classified as Design Marks, while text-based names and taglines are Word Marks. Service Marks specifically protect intangible assets like ideas and songs.
For example, a restaurant owner might use a trademark to prevent competitors from using a similar business name and logo.
Copyrights
Copyrights safeguard creative works such as songs, novels, movies, computer software code, poetry, and architectural designs. In Canada, an original work is automatically copyrighted once created in a fixed medium, but formal registration is necessary for enforcement against infringement.
A construction company developing original building designs or a broker writing a book would benefit from copyright registration.
Patents
Patents protect inventions. The two main types are Utility Patents (for functional inventions) and Design Patents (for ornamental designs). A patent would be relevant for a new machine, an innovative manufacturing process, or novel software.
Software can sometimes require both copyright protection (for the code) and patent protection (for the invention), making legal guidance especially important.
The Role of an IP Lawyer
An intellectual property lawyer assists small businesses in three key areas:
Strategy
Identifying the appropriate types of IP protection your business needs. While a business name clearly needs a trademark, complex cases—like software development—may require patent, copyright, and trademark protection simultaneously.
Registration
Once the right protection is identified, a lawyer conducts searches for existing IP to avoid conflicts, prepares and files the necessary paperwork, communicates with government agencies during the approval process, and ensures the protection is enforceable.
Negotiation and Litigation
If someone violates your IP rights, a lawyer can negotiate to stop the infringement or represent you in court, seeking injunctions and damages. Conversely, if your business is accused of infringement, a lawyer can help defend your position.
How a Small Business Legal Service Plan Can Help
With a Small Business Legal Service Plan, you get consultations with an intellectual property lawyer, guidance on trademark, copyright, and patent strategy, document review for IP applications and filings, and support if you face an infringement claim—or need to file one.
Rate the importance of each area of your business to receive a
FREE personalized Small Business Legal Service Plan recommendation.
Ready to Get Protected?
Get affordable legal protection today. Choose your location to explore Small Business Legal Service Plans.