Intellectual Property

General

Intellectual Property Rights

Illegally Downloading Music

Open Source Software Licences

Passing Off

Claiming Royalties Art Work

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Copyright

Copyright

Copyright The Basics

Copyright Infringement

Remedies for Copyright Infringement

Who can Claim Copyright Infringement?

Criminal Liability for Copyright Infringement

Copyright Tribunals

Can Ideas be Protected by Copyright?

What are Moral Rights?

How long does Copyright last?

Copyright and Websites

Copyright for Freelance Writers

Copyright in Literary, Dramatic and Musical Works

Copyright in Artistic Works

Copyright in Sound Recordings and Films

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Copyright in Published editions

Copyright Licensing Agency

Computer Generated Works Copyright

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Internet Service Providers Copyright Illegal Material

Defence of Fair Dealing in Copyright Law

Trademarks

Trade Marks

How to apply for a Trade Mark

Renewing a Trade Mark

Refusal of Trade Mark

Trademark Infringement

Trade Marks Relative Grounds for Refusal

Defences to Trademark Infringement

Unregistered Trade Marks

Registration of Food Names

Patents

Patents

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Renewing a Patent

Patent Infringement

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Confidentiality

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Protection of Company Information

Data Protection Requirements for Business

Design Rights

How to register a Design

Renewing a registered Design

Unregistered Design Right

Semiconductor Design Rights

Trade Marks

What is a trade mark?

A trademark is something that distinguishes your goods from those of your competitors. This can be a logo, words, an image or a combination of these.

Benefits of trade marks

A trademark is often used as a marketing tool by businesses to encourage customers to differentiate their product or service from similar offerings.

What can I trade mark?

Before you even consider applying for a trade mark it is important you do a little research to see if what your looking to trademark can actually be trade marked.

Here are a few things to consider to reduce the chances of the Intellectual Property Office (IPO) rejecting your application for a trade mark:

• Is your trademark a word, phrase, logo or picture that clearly distinguishes your goods or services from your competition?
• Is your trade mark unlikely to be seen as a trade mark by a member of the public?
• Does your trade mark describe your goods or services or any of their characteristics? A trademark such as 'tastyfood' which simply joins together words describing the quality of your goods is unlikely to be accepted.
• Is your trade mark used frequently by other traders in your line of business e.g '24 hours a day'. Trademarks that are not seen as distinctive by the IPO are rejected.

Another thing to look for is whether or not another trader has applied to register or already registered a trade mark that is very similar to yours? If they have they may oppose your trade mark preventing you form registering it.

Registering a trade mark

The steps for registering a trademark are as follows:

• Your application is submitted to the IPO.
• The IPO confirm they have received it by sending you a receipt.
• An examiner checks your application and sends you a report with their findings.
• If the examiner has no objections or you can overcome the objections your application will be published in the Trade Mark Journal.
• Once the application is advertised in the Trade Mark Journal there is a period of two months for anyone to oppose your trade mark.
• If no one challenges the registration of your trademark or you are able to overcome any objections your trade mark will be registered and you will receive a trademark registration certificate.

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