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Use this checklist to explore the types of intellectual property you could exploit.
Do not include intangibles that are licensed from or owned by other companies!
| Holding | Yes | No | IP to consider | Actions to considerFootnote * |
|---|---|---|---|---|
| Advertising or signage | Trademark Copyright |
Include an indication of copyright and/or trademark rights | ||
| Algorithm | Trade secret | Require NDAsFootnote 1 or do not disclose! | ||
| Book, magazine, newsletter or manual | Copyright | Include a copyright statement in a prominent location (year of first publication, owner, ©) | ||
| Business, product or service name | Trademark | Include an indication of trademark rights | ||
| Customer list or data | Trade secret Copyright |
Require NDAs or do not disclose! Include a copyright statement if it is a compilation |
||
| Domain name | Trademark | Search trademark databases to ensure your domain name is not someone else's trademark | ||
| Logo or symbol | Trademark | Include an indication of trademark rights | ||
| Mobile app | Copyright Industrial design |
Include a copyright statement on your app or download site Industrial design Maintain confidentiality until filing design registration for your graphical user interface; use NDAs |
||
| New or improved machine or device | Patent | Maintain confidentiality until a patent application is filed; use NDAs | ||
| New or improved process or chemical compound | Patent | Maintain confidentiality until a patent application is filed; use NDAs | ||
| Packaging | Industrial design Trademark |
Maintain confidentiality until filing design registration; use NDAs |
||
| Photographs or illustrations | Copyright Industrial design |
Include a copyright statement in a prominent location (year of first publication, owner, ©) Maintain confidentiality until filing design registration if applied on a finished article; use NDAs |
||
| Secret recipe, process or formula | Trade secret | Use NDAs; or if it can be easily reverse-engineered, seek patent protection! | ||
| Slogan | Trademark | Include an indication of trademark rights | ||
| Software | Copyright Industrial design Patent |
Include a copyright statement in a prominent location (year of first publication, owner, ©) Maintain confidentiality until filing design registration for your graphical user interface; use NDAs Ask the Canadian Intellectual Property Office for information on software-related patents (related concepts) Establish ownership with suppliers or clients through written agreement |
||
| Training materials | Copyright | Include a copyright statement in a prominent location (year of first publication, owner, ©) | ||
| Shape of a product | Industrial design | Maintain confidentiality until filing for design registration; use NDAs | ||
| Website | Copyright Industrial design |
Include a copyright statement in a prominent location (year of first publication, owner, ©) Maintain confidentiality until filing design registration for graphical user interface; use NDAs |
Visit Canada.ca/intellectualproperty for more information on IP.