WELCOME. What is IP? Trade Marks Designs Copyright Patents.
-
Upload
jonathan-kelly -
Category
Documents
-
view
222 -
download
1
Transcript of WELCOME. What is IP? Trade Marks Designs Copyright Patents.
WELCOME
What is IP?
Trade MarksTrade MarksDesignsDesigns
CopyrightCopyright
PatentsPatents
Distinguish Yourself & Your Business
What is a Brand?
Who do these logos belong to?
Who do these logos belong to?
Who do these logos belong to?
Trade Marks• Symbol that distinguishes goods and services of
one company to that of another e.g. brand names and logos
• Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that the registration covers
• If you have a registered trade mark you can put the ® to put others on notice that it is a registered trade mark
• If you don't register your trade mark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off
http://www.ipo.gov.uk/domestic?domesticnum=2004858
How to obtain a Trade Mark
• To be registrable, your trade mark must be:-– distinctive for your goods and services (that
you are applying to register the mark for);– not the same as (or similar to) any earlier
marks on the register for the same (or similar) goods or services.
How to obtain a Trade Mark
• The IPO will not accept marks which: – describe your goods or services or any characteristics
of them e.g. "Cornish Clotted Cream" for cream;– have become customary in your line of trade e.g.
"China Garden" for Chinese restaurant services;– are not distinctive e.g. "The Cheese Company" for
cheese;– are offensive e.g. marks containing taboo words or
pornographic images;– are deceptive. There should be nothing in the mark
which would lead the public to think that your goods and services have a quality which they do not e.g. use of the word "Organic" on goods which are not organic.
How to obtain a Trade Mark
• Check it is not already registered• Search the database
– Looks the same as (or similar) for the same (or similar) goods or services
– Sounds the same as (or similar) for the same (or similar) goods or services= Subject to Opposition
• Fill in Form TM3 or e-tm3 to Apply• Form TM3A for each additional class• Form TM11 for renewal
How to obtain a Trade Mark
• Costs– £170 to apply online/£200 paper
applications– £50 for each additional class of good
or service– Non refundable
• Company Names & Domain Names
Using a Trade Mark/IPRs
• Valuable Asset– Sell it– Licence it– Use it
Promoting your product and building a reputation
How do you get to the top of a Google search?
Avoid getting into trouble!
M&S have been challenged by Interflora in the High Court
Minimising Risk
• Can an average internet user identify the source of the advert?
• Consider placement of the ad• Do not refer to the trademark in your
ad or in your domain name
Considering setting up an online marketplace?
• Be careful!• You could be found guilty of
trade mark infringement.
© COPYRIGHT ©
© Copyright ©
• Property right• Non-monopoly right• Personal right to
copy/distribute• Protects against copying
© Copyright ©
• Expression of the idea• Automatic• Unregisterable
Types of Copyright
• Literary work – books, poetry, computer programs, lyrics, databases
• Musical – tunes, orchestrations (ex-words)
• Dramatic – plays, choreography, mime (ex-performances)
Types of Copyright
• Artistic – paintings, photography, film, sculpture
• Entrepreneurial works –films, sound recordings, broadcasts
http://www.youtube.com/watch?v=9HGb5_T35WQ
Copyright Ownership
• Originality• Authorship• Employee creations• Commissioned Works
Dispelling the Myths
• Can copyright protect my ideas?• Can you copyright a name or title?• Is posting myself a copy proof?• If it’s on the internet is it free to use?• If it hasn’t got a © it’s not protected
Summary
• IP is an intangible asset• Protect them and your competitive edge:
® Branding = Trade Mark Registration® Look of Product = Registered Designs® How it work = Patents® Literature/Artistic work = Copyright
Patents Trade Marks CopyrightRegistered
Designs
Term Up to 20 years Rights can last forever
Life plus 70 years 25 YEARS
Protection Throughoutthe UK
Throughoutthe UK
Throughoutthe UKand much of the world
Throughoutthe UK
Protects against Your idea being used,sold or manufactured
The use of your trademark by others withoutyour permission
Your work beingcopied or reproducedin communication orperformance
Your product beingmanufactured, sold orimported
What is Protected
Inventions Brand identity, includingwords, logos and othersigns
Music, art, fi lm, literaryworks and broadcasts
What the productlooks like
© IPO
Rachel Beeby
Trainee Solicitor [email protected]
Steven Murray Associate Direct Dial: 01242 [email protected]