IP Protection for Product Labels

Product labels are a great way to distinguish your brand and products from others in the marketplace. However, sometimes copycats try to benefit from the goodwill in your brand by copying some or all of your label design. This is particularly problematic with e-commerce and online marketplaces, like Amazon and eBay.

Types of IP Protection

Copyright

The artistic design elements of your product labels may be protected under copyright. Copyright protection is automatic once an original design is in a tangible form (e.g. on the label of the product you are selling). Although registration is not required, there are benefits to registering copyright, particularly for artistic designs that are used often and have a monetary benefit. Copyright registration provides public notice of the copyright and also may be used as evidence that you are the rightful owner of the artistic design. Learn more about Copyright registration.

Trademarks

A stronger form of intellectual property for business owners to protect product labels is Trademarks. Trademarks are the brand names, logos and slogans used by your business to distinguish your products from others in the marketplace.

Over time, use of trademarks may provide you with unregistered rights in the marks in the geographical area that you use them. However, Trademark Registration provides many benefits including registered protection across Canada for 10 years, proof of your ownership of the mark, and deters copyrights. Learn more about Trademark registration.

Selling online

Some online marketplaces like Amazon allow sellers to submit evidence of their intellectual property registrations to stop copycats on those platforms. If you sell online, registering your copyright and trademarks is something to consider to protect your brand and stop infringers.

Contact Sander Law today to Register your Intellectual Property (IP)!

The above content is for informational purposes only and is not legal or professional advice.