TRADE MARK REGISTRATION
AND PROTECTION
INTELLECTUAL PROPERTY
If you have never encountered intellectual property before, it is difficult to know where to start. There are four types of intellectual property – Trade Marks, Designs, Copyright and Patents. It is not unusual for the owner of a great idea to firstly search to see whether the domain name is available so that they can build a website, create an email address and set up social media platforms. Time and money may be spent on designers, manufacturers, packaging and marketing, but has a trade mark clearance search been made? If not, are you infringing someone else’s intellectual property? Having registered intellectual property prevents others from stealing or copying your work. Registration entitles you to take legal action against anyone who uses your intellectual property without your prior written permission.
Trade Marks
Trade Marks
A trade mark can be any sign that identifies you as the owner of your goods or services to make it clear in the marketplace they belong to you. It is your badge of origin and by which customers find your products or services in the marketplace. The owner of a trade mark has exclusive use of that sign.
Design
Design
A design is not original if it is commonplace. Registered designs can also apply to designs that consist only of surface decorations, like logos and symbols, unlike unregistered design. The design could be a two-dimensional image – such as a logo, pattern or icon. Or it can be a three-dimensional physical object. Unregistered design right protects features of shape or configuration, rather than the article itself.
Copyright
Copyright
Copyright is an automatic intellectual property right that protects original works from being copied without the permission of the creator or licence holder. Copyright only exists if it is recorded in a material form.
