Trademark vs copyright vs patent: which protects what for a Canadian startup?

Founders often say they want to “trademark the idea” or “copyright the app”. Each kind of intellectual property protects something different, and none of them protects an idea on its own.

How do they compare?

	Trademark	Copyright	Patent
What it protects	Names, logos, slogans and other signs that identify your goods or services	Original expression: code, writing, images, video, music, designs	New and useful inventions: processes, machines, manufactures, compositions of matter
How you get it	Use can create rights; registration with CIPO gives an exclusive right across Canada	Automatically, when the work is created; registration is optional	Only by applying to CIPO and being granted a patent
How long it lasts	10 years from registration, renewable every 10 years	Generally the author’s life plus 70 years after the year of death	20 years from the filing date, if maintenance fees are paid
What it stops	Use of a confusingly similar mark	Copying the work	Making, using or selling the invention, whether or not it was copied
What it doesn’t cover	The product itself	Ideas, features and functionality	A mere scientific principle or abstract theorem
Disclosure	The mark is public	None needed	The invention must be described in a public application
Typical startup use	Company, product and app names; logos	Source code, website copy, course content, brand assets	Specific technical inventions, often in hardware, medtech or deep tech

What does a trademark protect?

The signs customers use to tell your product apart from others. A registered trademark gives its owner the exclusive right to use it throughout Canada for the registered goods and services under section 19 of the Trademarks Act, for 10-year periods that can be renewed under section 46. CIPO’s trademarks guide notes that using an unregistered mark may give you common law rights, but that disputes over them can be long and expensive. Incorporating or registering a business name doesn’t give you trademark rights. See how to register a trademark and our trademark class finder.

What does copyright protect?

Original literary, dramatic, musical and artistic works under section 5 of the Copyright Act, including software code. It protects the expression, not the idea, so a competitor can build a similar feature without copying your code. It generally lasts for the author’s life, the rest of that calendar year and 70 years after, under section 6. The author is generally the first owner, so your company owns code and content made by contractors and founders only if they assign it in writing. See do I need to register copyright and our who owns your code check.

What does a patent protect?

An invention, defined in section 2 of the Patent Act as a new and useful art, process, machine, manufacture or composition of matter, or an improvement to one. A granted patent gives the exclusive right to make, use and sell the invention under section 42, generally for 20 years from filing under section 44. No patent is granted for a mere scientific principle or abstract theorem (s. 27(8)).

Can I patent software or an AI model in Canada?

Sometimes. CIPO’s March 2026 practice notice says an abstract algorithm processed on a generic computer, without improving how the computer functions, isn’t patentable subject matter, while an improvement to the computer’s functioning, or an invention with added physical elements such as sensors or actuators, can be. Whether yours qualifies is a question for a registered patent agent.

Should I keep quiet before filing a patent?

Yes, if a patent is a real possibility. Under section 28.2 of the Patent Act, your own public disclosure counts against the application if it happened more than one year before the filing date. Demo days, blog posts and open-source releases can all be disclosures. Speak to a patent agent before you publish.

Where do trade secrets fit?

They are the fourth option, and often the main one for software and AI companies. Model weights, training pipelines, pricing and customer lists can be protected as confidential information for as long as they stay secret, without registration. See how to protect trade secrets.

When to choose which

• Trademark: as soon as you’ve picked a company or product name you plan to keep. Search first, then file in the company’s name.
• Copyright: you already have it in your code and content; focus on written IP assignments from founders, employees and contractors, and register key creative assets you expect to license.
• Patent: when you have a specific technical invention that competitors could use once they see it, and you’re willing to disclose it in exchange for 20 years of exclusivity.
• Trade secret: for things competitors can’t see from the outside and that you can keep confidential.

What to do next

We handle trademark searches and filings, founder IP assignments, contractor agreements and content licensing agreements, at fixed fees on our fees page. Our fixed-fee services don’t include patent applications; talk to a registered patent agent about those.

This guide is general information about Canadian law, not legal advice for your situation. To talk through what to protect first, book a free 15-minute consult.