OTHER INTELLECTUAL PROPERTY RIGHTS (IPR)
Your IPR are usually bundled up with other legal areas such as franchising, buying and selling a business. IPR enable you to create value.
You should have an understanding of how to identify and protect your IPR and how IPRs apply to your industry. This understanding can be gained through seminars and reading.
Here is some useful information on copyright from our Law and Disorder website:
A common question that we are asked is "why should I not register my own trade mark?".
If you have decided to do your own trade mark, read the following first.
Ready, fire, aim DIY trade marks
Just as in horror movies when the hero decides to enter the spooky room at end of the hall, there are plenty of people advising against Do it Yourself (DIY) trademarks. In fact there is a whole industry of lawyers and trade mark agents advising against it.
The fun of trade marks is that it stops your competitors copying the unique way you do something. In the case of Coca Cola this is quite understandable. In the case of the New Zealand ice cream seller, who by registering a musical trade mark stopped their competitors playing Green Sleeves it is a service to humanity. Who could not support Harley Davidson wishing to trade mark the Harley Davidson engine rumble? This could keep so many of those aging imitators off our streets.
When someone is considering whether or not to instruct a lawyer to register a trade mark on their behalf they will probably take note of the government web site which is so invitingly user friendly (always a dangerous sign). It offers a procedure which is a simple three step program:
Step 1.Complete a simple application form to the trade marks office and pay a fee.
Step 2.An examiner:
Step 3.The mark is advertised and if there is no opposition then it is registered three months later. Generally it's yours forever provided that you pay the registration fee every few years and continue to use it.
It is hardly surprising that this approach has attracted, a little like accountancy, a lot of strange people. There are all sorts of applications for instance the:
In this climate what red blooded business owner would not wish to apply for a trade a mark to protect their point of difference. Even smells can be the subject of a trade mark. So there is something for everybody.
So why not apply for a trade mark on a DIY basis?
Well, here are three points about the application process:
Here are just three of the potential issues you may face once you have registered the Mark:
The way to avoid these problems is to get legal advice before you apply. You will be advised to have a pre-application search-do it. This will save you from applying for a mark which has no chance of success as it is so similar to a mark being used by another. Once you explain your business plans you will be told in which classes to register. You can discuss in which countries to register and how.
There are business people who manage to register DIY trade marks, run their businesses unsuccessfully and no one ever tries to steal their mark. However, if a name is central to your business and it draws customers, DIY trade marks are not ideal.
To speak to a trade mark lawyer or a lawyer dealing with franchising or other IP agreements or disputes call Laura Pound on (61) 7 5438 8199 or email her on email@example.com.