TM Presentation

INTELLECTUAL PROPERTY

© Copyright Complete IP Pty Limited 2010

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?


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IP

Intellectual Property is commonly

known as IP. The main forms are:

• Copyright• Designs• Patents• Trademarks• Trade Secrets/Confidential

Info. © Copyright Complete IP Pty Limited 2010


COPYRIGHT• What is a copyright?• How do I register a copyright?• How do I show I have a copyright?• How long does a copyright last?

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.



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.



To provide some “proof” of 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 LimitedPO Box 63BORONIA 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:


© Complete IP Pty Ltd 2010

This indicates that Complete IP Pty Ltd was the original creator and that it was created in 2010.


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.


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?


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:


Dunlop ® Tyre


Speedo’s


A Rocking Kangaroo


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



It cannot have been published in any document either inside or outside of Australia X

It cannot have appeared publicly in the marketplace X


Once a design has been marketed or published, it

will not be considered new

Patents

WHEW!


Trademarks


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.


A trademark can be:

A brand or product nameA slogan or taglineYour business or company nameYour logoA colour or smellA shape or aspect of packagingA combination of the above


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)



Step 2

File the application with the government department for them to examine.


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.


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.


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


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


Trademarks

Benefits of trademark registration

Can anything be registered?

International Trademark registration


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.


Control your own nameBy 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.


Make more money Licensing fees and franchising royalties from your registered trademarks can earn money well into the future.


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.


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.


Businesses last longer

Studies have shown that each trademark registration you have increases the life of your business by approximately 2.2 years!


+ 2.2

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 rebrand far outweigh the cost to register a trademark.


Own your name exclusivelyA 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.


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.


Priority overseasWill 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.


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).


For example, John Smith Auto ElectricsIt 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.


Other difficulties may arise in registering a trademark if your mark is likely to be needed by other traders in the same industry.


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 registrationAustralia is one of over 80 member countries of the Madrid Agreement, 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.


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.



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