Welcome to Dear IP, an initiative of IPIC’s Public Awareness Committee (PAC). Each question in this column is answered by an IPIC member who encounters these issues in every day life. Every month, Dear IP will answer the questions you actually meant to ask with clarity and real-world context. IPIC will continue to expand this collection as new questions emerge.
Note: The information is for general guidance only and isn’t legal advice. For advice on your situation, please consult a qualified IP professional. If you have a “Dear IP” question you’d like us to consider for a future update, let us know.
"You can grant permission to use your IP through a licence agreement, which allows others to use your intellectual property (IP) under defined terms without transferring ownership. The licence can be tailored to your needs, limiting use by time, geography, purpose, or exclusivity. For example, you might give a non-exclusive licence to multiple users or an exclusive licence to just one party, while still retaining ownership IP rights. Clear, written terms are key to protecting your interests and avoiding misunderstandings." - Anna Sosis, TD Bank Group
"Registering your corporate name on the Federal or Provisional Business Name Registries provides minimal protection against other traders adopting and using the identical name in the same jurisdiction as you, for similar fields of service, but this is NOT trademark protection. Trademark Protection is a government granted monopoly to the right to the exclusive use and profit from a trademark in respect of specific goods and/or services all across Canada. Registered trademark rights generally supersede business name registrations. In other words, a registered trademark can prevent any other traders trying to use the identical or confusingly similar company name across Canada. It’s always good to speak with a registered trademark agent or lawyer to confirm what rights you have or need." - Heather Boyd, Pillar IP
Can I use open-source software in any way I want?
"Not quite. While open-source software is generally free to use, it comes with specific licence terms that govern how you can use, modify, and distribute it. Some licences are permissive (like MIT or Apache), while others (like GPL) have stricter requirements, such as sharing your source code if you distribute modified versions. Many open-source licences also require you to include copyright notices and give proper attribution to the original authors. Always review the licence carefully to ensure compliance - especially in commercial contexts." - Anna Sosis, TD Bank Group
I have a Canadian trademark for the name of my company. Can I mark that trademark with the ® symbol on my website, even if it might be viewed by my customers in other countries?
"If your trademark has been registered in Canada, you can freely use the ® on your .ca website to denote to others that the mark is registered in Canada. If you have a .com website and your goods are manufactured and sold in Canada, you are also free to use the ® on the website. Exporting goods to another country is considered USE of your mark in association with the Canadian registered mark in Canada. However, if you have a .com or other country URL (i.e. “.com.au”, etc.) and your company does not manufacture the goods and/or export them from Canada and the company is not registered in that other country (i.e. if you have goods/services manufactured in Ireland and the website carries an .ie URL), you may wish to consider using the ® only on Canadian-specific pages or posting a claim of entitlement in Canada alone (or whichever countries where the name is registered as a trademark). Some countries have marking laws where the use of the ® symbol when NOT registered in that country can be considered fraudulent or misleading and could result in penalties or fines being issued against the user. The use of the ® means that there is a federally registered trademark and the mark carries legal weight (the right of enforcement). If you’re unsure, use the ™ symbol to denote to the public that you’re using the name as a trademark and reach out to your friendly neighborhood Trademark Agent or Lawyer to advise you on what symbol you can use and/or how to register your name." - Heather Boyd, Pillar IP
Check back in every month for new FAQ releases or visit IPIC’s Find-an-Agent tool to connect with qualified professionals who can help with your specific situation.
