Intellectual Property Law Firm, Toronto Patent Lawyers, Trademarks Attorney, Copyrights Registration

By: Torontobarristers  09-12-2011

Intellectual Property Law Firm, Toronto Patent Lawyers, Trademarks Attorney, Copyrights Registration

What is Intellectual Property?

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.

Authors, artists, inventors and start-ups depend upon their creative works and inventions for survival in this economy. The goal of Opara Law PC is to help you enforce your intellectual property rights.

As a Intellectual Property Law Firm Opara Law PC provides legal services in all areas of intellectual property law, including patents, tTrademarks Attorney and copyrights. Our Intellectual Property Group provides comprehensive and specialized advice and legal services in all aspects of domestic and international intellectual property rights, including Patents, Trademarks, Copyrights and Trade Secrets, each of which is briefly explained below.

Our Services Include:
• Patent infringement opinions
• Patent availability and validity opinions
• Patent filing and prosecutions
• Registration of Trademarks and Copyrights
• Acquisition and exploitation of Trademarks and Copyrights
• Protection and enforcement of Trademarks and Copyrights
• Development & securing of goodwill and trade secrets
• Protection of corporate and business names
• Trademark clearance searches & risk analysis
• Protection of logos, label, design and packaging
• Trademark oppositions & cancellation proceedings
• Drafting licensing agreements for transfer of technology

Types of Intellectual Property

Copyright protects various forms of expression, such as text, sound, drama, photographs, drawings, designs, art, software, computer programs etc. Copyright in a work exists automatically within Canada, though some advantages may be obtained by registration of a work, or by providing a copyright notice on the work to the public. In Canada, registration of a Copyright is valid for the life of the author plus 50 years from the registration date shown on the certificate.

Opara Law PC assists copyright owners in obtaining copyright registrations, and has extensive experience in protecting the copyrights of its clients. TO obtain our quote for Copyrights, please

A Patent allows an inventor to profit from his invention by providing protection for the features and processes that make things work. A Patent protects a product or a process that has practical application. In general, Patents protect something if it is how the thing works that makes it valuable. Products include anything under the sun that is made by man including machines, apparatus, tools, and compositions of matter. A process may be any process having a practical application. A Patent gives you the right to stop others from copying, manufacturing, selling, and importing your invention without your permission. In other words, a Patent excludes others from making, using and selling the product or process that is claimed in the Patent, in the country in which the patent is issued, for a certain period of time. In Canada, a Patent lasts 20 years from the date of its application, for applications filed since 1 October 1989. In the United States, a Patent also lasts for 20 years from the date of the first filed U.S. application; however, for applications filed since 29 May 2000, the term may be extended based on any delays in issuance of the Patent caused by the U.S. Patent and Trademark Office. A patent must be first drafted, then filed, prosecuted, issued and then maintained in each country in which protection is desired. The existence of your Patent may be enough on its own to stop others from trying to exploit your invention. If it does not, it gives you the right to commence legal action against those attempting to exploit your invention and claim damages.

A Patent grants you the following rights:
• Right to sell the invention and all its intellectual property rights
• Right to license the invention to someone else while retaining all the intellectual property rights
• Right to discuss the invention with others in order to set up a business to carry out the invention

For an introduction to some of the patent services available on the web, the following websites may be useful:
• United States Patent and Trademark Office (USPTO):
• Canadian Intellectual Property Office (CIPO):

A Trade-mark is a symbol, like logos and brand names that help to distinguish goods and services from different persons. It must be capable of distinguishing your goods and services from those of your competitors. It can be words, logos or a combination of both. A Trad-emark is any mark that distinguishes a product or service provided by one company from products or services provided by others. A Trade-mark enables customers to easily recognize and identify your goods and/or services in the marketplace. Trade-marks exist at common law by virtue of acquiring goodwill from extensive use. However, a registered Trade-mark takes precedence over common law Trade-marks, and registration of a Trade-mark, whether used or proposed to be used, is recommended. You don’t need to have commenced use of a Trade-mark in order to file an application for it. So long as you intend to use the Trade-mark in future, it is advisable to apply for it immediately under “Proposed Use” otherwise someone else can file an application before you and you will be precluded from applying for or using it when you finally desire to commence using it.

A Trade-mark allows you to prevent others from using a mark, in the country in which the Trade-mark is registered, in a manner that would be likely to be confusing with the registered Trade-mark. In Canada, a registered Trade-mark is valid for 15 years from the date of the registration, thereafter it may be renewed. In the United States, a registered Trade-mark is valid for 10 years from the registration date, thereafter it may be renewed.

Opara Law PC has extensive experience in the filing, prosecution and litigation of Trade-marks in Canada and United States, and in other countries of the world. To obtain our quote for Trade-marks, please

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This exemption still has its limitations as an individual can only copy a small amount of the work, i.e. a student studying may be permitted to copy a page or two to study from, but a whole chapter may not be permitted. An infringement can also apply to an individual who coordinates other individuals to copy and distribute another person’s work without his permission.


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The owner can also use the same rights for their registered design if it’s something that comes in pieces and has to be assembled, e.g. a new bike design that has to be assembled when you buy it, it’s not necessary to register each individual piece of that bike because your entire bike design is registered.


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Right to sell the invention and all its intellectual property rights• Right to license the invention to someone else while retaining all the intellectual property rights• Right to discuss the invention with others in order to set up a business to carry out the invention. Another important reason one should do a patent search is to gain knowledge of other similar patents which would help us at Opara Law PC to draft the best possible application.


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