Intellectual property services
Intellectual property is one of the most valuable assets for companies in the knowledge economy.
Our mission is to support innovative companies and entrepreneurs who want to start a business and grow. Our intellectual property services are specifically tailored to the needs of SMEs, creatives, and entrepreneurs.
Company name and trademark creation.
More often than not, in the process of creating a brand identity, the marketing and legal departments don't work together. Instead, they work one after the other, leaving creativity to marketing and legal verification to the legal sector. The result? Many internal conflicts, a slowdown in the process and a lot of money spent unnecessarily. At Propulsio, we believe that these two sectors complement each other and benefit from working together. Creating a brand identity requires creativity and originality, but also compliance with the applicable rules and laws. This dual requirement can be complex and requires a great deal of checking.Standard
Starting at…- Evaluation and 30 minute meeting
- Verification of name availability and trademark identity in different registries
- Delivery of a summary of company and trademark name suggestions
- Up to 3 propositions company and trademark names
Premium
Starting at…- Evaluation and 30 minute meeting
- Verification of name availability and trademark identity in different registries
- Delivery of a detailed summary and a 45 minute consultation
- Up to 10 proposals for company and trademark names
For both business name and branding packages, you will receive an invitation to the 30-minute evaluation and meeting upon receipt of payment. You will then receive your report two business days after the evaluation meeting for the standard package and three business days for the premium package.
You will receive an invoice to pay online upon receipt by Interac transfer or credit card. Credit cards such as Mastercard and Visa can be used to make your payment.
We combine two areas of expertise – our legal services and our marketing services. Trademarks and company names are subject to stringent regulations. Our legal expertise guarantees that your company name and trademark are legally compliant. In marketing terms, a company name and trademark are very important, as it gives your business an identity and helps you differentiate it from other players in the market. Considering the marketing and communication that will come with the development of the company and its intellectual property, your company name plays a vital role in the growth and perception of a brand. Take expert advice and choose a name that reflects your vision!
While Canadian trademark law protects both registered and unregistered trademarks, more rights are granted to registered trademarks. Registering your trademark is the only way to ensure that your brand is truly protected and gives you the exclusive right to use the mark throughout Canada. To ensure the availability of a trademark in Canada, we also recommend an availability search. For more information on availability searches and trademark registration, please contact our trademark attorneys.
Audit of intellectual property assets.
More often than not, in the process of creating a brand identity, the marketing and legal departments don't work together, but one after the other, leaving creativity to marketing and legal verification to the legal sector. The result? Many internal conflicts, a slowdown in the process and a lot of money spent unnecessarily.
At Propulsio, we believe that these two sectors complement each other and benefit from working together. Creating a brand identity requires creativity and originality, but also compliance with the applicable rules and laws. This dual requirement can be complex and requires a great deal of checking.
Standard Audit
Starting at…- Evaluation and 30 minute meeting
- Website analysis and other technical support
- Receive an audit summary
- 30 minute marketing/communications consultation with suggestions
- Other select services are available (for supplementary fees)
Premium Audit
Starting at…- Evaluation and 30 minute meeting
- Identification of your company's intellectual property rights
- Analysis of website and other digital media
- Audit report with recommendations
- 30 minute marketing/communications consultation with suggestions
Premium+ Audit
Starting at…- All standard and premium audit package options
- Analysis of the company's intellectual property contracts with third parties (up to 4 contracts)
- Qualitative assessment of the value of intellectual property assets
- Delivery of an audit report with recommendations on IP protection strategy
Protect your intellectual property
We help clients protect and defend their intellectual property rights, including patents, copyrights, trademarks, and industrial designs. We understand businesses need comprehensive legal advice to fully realize the potential of their intellectual properties and to protect themselves from the risks of infringement.
Our team of specialists is responsible for copyright registration, title searches, and the negotiation and drafting of copyright marketing agreements. They also develop long-term protection plans tailored to each client’s needs, considering the most likely sources of infringement. To learn more about protecting your intellectual property assets, book a free consultation with our team.
The protection of intellectual property is primarily a federal responsibility, and consists largely of four federal statutes: the Patent Act, the Trade-marks Act, the Copyright Act and the Industrial Designs Act.
Copyright arises automatically when an “original work” is created. An “original work” is one that has not been copied. It is also produced through the exercise of non-mechanical skill and judgment. Copyright exists, in law, for all original literary, musical, dramatic and artistic works, if:
The author was, at the date of creation of the work, a Canadian citizen or resident, a citizen or subject of a foreign country that has acceded to the Berne Convention or any other universal copyright convention, the Rome Convention or a WTO member country; or
For published works, the work has first been published in a Berne Convention signatory country in sufficient quantity to satisfy reasonable public demand given the nature of the work. This generally means that “publication” has taken place through the creation of copies made available to the public.
Canada is different from other countries. It offers no protection for unregistered designs. Instead, Canadian intellectual property rights may apply, such as copyright and/or infringement. CIPO assists the registrant by providing a legal claim of ownership, as well as the right to prevent others from making, importing, selling or leasing articles incorporating the registered design or a substantially similar design.
Recent amendments to the Industrial Designs Act (November 5, 2018) have enabled these rights to be registered.
Under the Patent Act (Canada), an inventor or an assignee of an inventor can apply for a patent. It should be noted that it is the first person to file an application, and not necessarily the first person to invent, who would be granted a patent, under certain conditions.
In Canada, patents can be obtained for new inventions, processes, machines, manufacturing methods or composition. Patent registration is also possible for any new and useful improvement of the above applicable to a specific industry. The key is that there must be at least one new and innovative element in the invention or improvement. That said, Canadian patents cannot be issued to protect a scientific principle or theorem in the abstract without practical application.
Business methods are patentable in Canada. However, controversial examination policies have been put in place by CIPO and have proven to create obstacles to the patenting of business methods and computer-implemented inventions. Patent applications must therefore be specifically drafted according to Canadian examination policies, in order to maximize the chances of a patent being granted. Indeed, the format and content of claims can make a significant difference between acceptance and rejection for certain technologies.
It is worth mentioning that Canada does not have a continuation practice, unlike the United States. This means that, unlike US legislation, an applicant cannot pursue further claims relating to an invention that has been disclosed in a previous application and has not yet been issued or abandoned. In addition, the possibility of filing divisional applications is limited by the particular and distinct doctrine of double patenting. For this reason, appropriate decision strategy and planning should be made with regard to Canadian patent law in particular, and not as a whole with other jurisdictions, as it can be very different from that of other countries.