Info On Trademarks Patents Copyrights Designs
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Transcript of Info On Trademarks Patents Copyrights Designs
INTELLECTUAL PROPERTY
© Copyright Complete IP Pty Limited 2011 - 2012
So now that you know how to identify your brands, what type of intellectual
property do you actually have?
And what do you do to protect both your IP and your business?
© Copyright Complete IP Pty Limited 2011 - 2012
IP
Intellectual Property is commonly known as IP.
The main forms of IP are:
Copyright
Designs
Patents
Trademarks
Trade Secrets/Confidential Info.
© Copyright Complete IP Pty Limited 2011 - 2012
•What is a copyright?
•How do I register a Copyright?
•How do I show I have a Copyright?
•How long does a Copyright last?
© Copyright Complete IP Pty Limited 2011 - 2012
What is a Copyright?
A copyright is defined as an original expression of ideas. It is not the idea itself.
Copyright protects original works of art, music, films, literature, computer and broadcasting programs.
© Copyright Complete IP Pty Limited 2011 - 2012
© Copyright Complete IP Pty Limited 2011 - 2012
Some of the things you may claim copyright to are:
• Photos • Manuals • Website pages • Artwork
How To Do It All Yourself
How do I register a Copyright?
You do not need to officially register a copyright in Australia, unlike a patent, trademark or design.
Copyright is a free and automatic registration.
© Copyright Complete IP Pty Limited 2011 - 2012
© Copyright Complete IP Pty Limited 2011 - 2012
To provide some “proof” to the date of the creation, you can: Mail yourself a copy of the copyright so that it is date stamped; send a copy by read receipt email and/or provide a copy to your solicitor/advisor .
PROOF OF COPYRIGHT
Complete IP Pty Limited PO Box 63 BORONIA VIC 3155
How do I show I have a Copyright?
Placing a copyright notice on any works of original expression is suggested. These can be shown as per the following example:
© Copyright Complete IP Pty Limited 2011 - 2012
© Complete IP Pty Ltd 2010
This indicates that Complete IP Pty Ltd was the original creator and that it was created in 2010.
© Copyright Complete IP Pty Limited 2011 - 2012
How long does a Copyright last?
In Australia, the life span of a copyright has been extended from 50 years to 70 years after the death of the creator, or 70 years from creation.
© Copyright Complete IP Pty Limited 2011 - 2012
70
DESIGNS
What is a Design?
How do I register a Design?
How do I show I have a Design Registration?
How long does a Design Registration last?
© Copyright Complete IP Pty Limited 2011 - 2012
What is a Design? A design is essentially the overall
appearance of your product – the shape, configuration, pattern and ornamentation of your product that, when applied, gives a unique appearance.
Some examples of designs that have been registered in the past are:
© Copyright Complete IP Pty Limited 2011 - 2012
Dunlop ® Tyre
© Copyright Complete IP Pty Limited 2011 - 2012
Speedo’s
© Copyright Complete IP Pty Limited 2011 - 2012
A Rocking Kangaroo
© Copyright Complete IP Pty Limited 2011 - 2012
How do I register a Design?
To register a design, it must be and DISTINCT
A design registration does not protect the materials your product is made from, nor how it works X
© Copyright Complete IP Pty Limited 2011 - 2012
© Copyright Complete IP Pty Limited 2011 - 2012
It cannot have been published in any document either inside or outside of Australia X
It cannot have appeared publicly in the marketplace X
© Copyright Complete IP Pty Limited 2011 - 2012
Once a design has been marketed or published, it will not be
considered new
Patents
WHEW!
© Copyright Complete IP Pty Limited 2011 - 2012
Trademarks
© Copyright Complete IP Pty Limited 2011 - 2012
What is a Trademark?
How do I register a Trademark?
How do I show I have a Trademark Registration?
How long does a Trademark Registration last?
What is a Trademark? A trademark is the unique identity you
apply to goods or use in connection with services, in the marketplace to gain recognition.
A trademark must be capable of distinguishing your goods or services from those of other traders.
© Copyright Complete IP Pty Limited 2011 - 2012
A trademark can be:
A brand or product name
A slogan or tagline
Your business or company name
Your logo
A colour or smell
A shape or aspect of packaging
A combination of the above
© Copyright Complete IP Pty Limited 2011 - 2012
How do I register a Trademark? Step 1
Have a search conducted before you apply. Your results will be known in 2-3 days rather than months.
(It is not compulsory to have a search conducted prior to application)
© Copyright Complete IP Pty Limited 2011 - 2012
© Copyright Complete IP Pty Limited 2011 - 2012
Step 2
File the application with the government department for them to examine.
© Copyright Complete IP Pty Limited 2011 - 2012
Step 3
A notice that the trademark has been accepted will be issued, or an “adverse” report will be issued after government examination if there are problems to address.
© Copyright Complete IP Pty Limited 2011 - 2012
Step 4
Once the application is approved, it will be advertised as such.
At this stage, a compulsory 3 month opposition period begins, during which other parties may oppose your trademark.
© Copyright Complete IP Pty Limited 2011 - 2012
Step 5
Registration!
Assuming no opposition is filed against your trademark, it will become registered for an initial period of 10 years.
How do I show I have a Trademark Registration?
TM
You may use this symbol against any ‘sign’ you are claiming to be your trademark.
®
Use this symbol after your trademark is fully registered
© Copyright Complete IP Pty Limited 2011 - 2012
How long will my trademark registration last?
Trademarks are initially registered for a period of 10 years and can last indefinitely by renewing your rights each 10 years thereafter
© Copyright Complete IP Pty Limited 2011 - 2012
Trademarks
Benefits of trademark registration
Can anything be registered?
International Trademark registration
© Copyright Complete IP Pty Limited 2011 - 2012
Benefits
If you have spent time and money on advertising and developing your brand, name or logo, you should protect it with trademark registration to ensure it remains yours.
© Copyright Complete IP Pty Limited 2011 - 2012
Control your own name By registering a trademark, not only are
you given the right to use the trademark, you also have the right to control the use of your name or logo. If someone else begins using it, you have the right to tell them to stop. If someone else wants to use your name or logo, you have the right to license the use in a manner that suits you.
© Copyright Complete IP Pty Limited 2011 - 2012
Make more money
Licensing fees and franchising royalties from your registered trademarks can earn money well into the future.
© Copyright Complete IP Pty Limited 2011 - 2012
Add value to your business
A trademark is a saleable asset, just like real estate. By registering your name, logo, brands and slogans as trademarks, you immediately add value to your business.
© Copyright Complete IP Pty Limited 2011 - 2012
Be professional Many people recognise the ® symbol
that represents a registered trademark. Using this symbol deters others from “ripping you off”. It also projects an image that your business is sound and dependable and will be around for many years to come.
© Copyright Complete IP Pty Limited 2011 - 2012
Businesses last longer
Studies have shown that each trademark registration you have increases the life of your business by approximately 2.2 years!
© Copyright Complete IP Pty Limited 2011 - 2012
Avoid action & costs against you
By registering your trademarks, you may then avoid someone else registering your name or logo & telling you to cease use of it!
The costs involved if an action is brought against you, not to mention costs to re-brand far outweigh the cost to register a trademark.
© Copyright Complete IP Pty Limited 2011 - 2012
Own your name exclusively A business or company name registration
does not provide you with exclusivity, it merely allows you to trade with the name.
A trademark registration is the only registration that gives you ownership of that name, logo or slogan. Action against infringers without trademark registration is limited, difficult and costly.
© Copyright Complete IP Pty Limited 2011 - 2012
Prevent importation of infringing products
Owning a trademark allows you to apply to customs to keep watch for products being imported under the same (or even similar) name, for a product similar to yours or your industry.
© Copyright Complete IP Pty Limited 2011 - 2012
Priority overseas Will you trade online or outside
Australia?
You will have a 6 month priority period for overseas trademark registrations, based on the date of your Australian trademark application.
© Copyright Complete IP Pty Limited 2011 - 2012
Can anything be registered? Not all things are legally able to be
registered as a trademark, or part of a trademark. For example, the Olympic Rings and the Australian Army insignia are prohibited. Special permission is needed for other trademarks such as the use of the word ANZAC and even the Aboriginal flag (which is protected by copyright).
© Copyright Complete IP Pty Limited 2011 - 2012
For example, John Smith Auto Electrics
It is quite likely there is more than one John Smith with an Auto Electrical business who will need to use that name.
By adding a distinctive aspect to the name however, such as a snake wrapped around a steering wheel, it can create a unique trademark that will be able to be registered.
© Copyright Complete IP Pty Limited 2011 - 2012
Other difficulties may arise in registering a trademark if your mark is likely to be needed by other traders in the same industry.
© Copyright Complete IP Pty Limited 2011 - 2012
An identical or deceptively similar trademark is already registered for the same or similar goods or services.
By having a search conducted on your trademark prior to using it, you can avoid this issue from the outset. You will also avoid the owner of the registered trademark pursuing you for trademark infringement!
International registration Australia is one of over 80 member
countries of the Madrid Protocol, which essentially allows us to file a single trademark application with the Australian government office and designate which of the other member countries we would like to apply for.
© Copyright Complete IP Pty Limited 2011 - 2012
In most countries, you can claim “priority” based on the date of your Australian application. To claim this priority, you must file your overseas application within 6 months of your Australian application – and the time frame is strictly adhered to.
This means that your application will take priority over applications made after that date, in that country.
© Copyright Complete IP Pty Limited 2011 - 2012
© Copyright Complete IP Pty Limited 2011 - 2012
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