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 rachel.beeby@rickerbys.com

Steven Murray Associate Direct Dial: 01242 246494steven.murray@rickerbys.com