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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 2 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.