Identifying the types of Registrable Intellectual Property (“IP”):
Trade Marks – protect the special “signs” used to identify your business from others and are split into 45 categories for different types of goods and services, to allow the same sign to be used in different industries. “Signs” are extensive and can include words, letters, numbers, phrases, logo’s, images, packaging (and combinations of those) plus colours, sounds, smells, shapes and “movable” items (holograms & actions).
Designs – protect the overall look and appearance of an item that makes it stand out from others – the new and distinctive features of that product make it unique and can include special stylisation or patterns or features including shapes and layouts.
Patents– protect the function of an invention (device and substance) or a mode or method of doing something if it is new, inventive and not a logical step in the industry eg Machines & Pharmaceuitcals;
You also have legal rights such as keeping your business “trade secrets”, know-how and confidential information by using Confidentiality Agreements and Contracts. If you use third party contracts to “create” your work then you should also make sure a written assignment is given to you so you own the Copyright!
You also have legal responsibilities, for example if you are trading as anything other than your legal name eg Jane Smithson who wants to trade as a Retailer, eg Jane’s Special Shop – then Jane must have a business name for “Jane’s Special Shop” which is registered with the Department of Fair Trading or equivalent in your State and you must display that Certificate in your place of trade.
There are also Company Names which are names used for businesses set up as a company as the legal entity – these are usually identified as “Jane’s Special Shop Pty Ltd” and have an ACN allocated to it. If Jane wanted to drop the “Pty Ltd” in her trading name – then she needs a Business Name as well. Business Names and Company Names do not give you exclusive rights to the name, it is just a compulsory administrative step so consumers can find out who is behind that business or company.
Trade Marks are the only way you can get “ownership” of your names – don’t be fooled into thinking Company, Business or Domain Names give you exclusive rights – they are just administrative systems to find out who is behind a business or an alpha numerical website address!
Examples of different types of IP
Looking around your office or desk as you read this article – you should be able to see 5 or 6 different forms of IP protection – for example:
- Your coffee cup may have a slogan or logo on it (Trade Marks);
- The shape of that cup or perhaps your chair, desk or computer mouse might also be protected (as a shape Trade Mark and/or a Design);
- Your computer equipment and software (including the operating functions) will most certainly be protected by a number of methods (Patents and possibly Computer Circuit Layouts); and
- The books, manuals, brochures, pictures and even website you are looking at are also protected (by Copyright which is an automatic protection).
As you can see from the above, it can be a mind boggling experience to keep ahead of all the different forms that can affect your business and you may be sitting on large IP portfolio!
Using the proper symbols - how you can tell your competitors to leave your IP alone?
® and ™ are used to identify Trade Marks, you should only ever use ® to show a registered Trade Mark, that is after the Certificate has been issued or you can face criminal charges (for fraud) and be liable for a $6,600 fine for misusing that symbol! On the other hand, ™ can be used at any time (even after registration), usually in the upper right hand corner of the Trade Mark and is used to tell your competitors you are using that mark as a special sign in your business.
© is used to show original works that claim Copyright – this is automatic and does not need the symbol but if you choose to apply to your works then it is often featured at the foot of the page in this format “© Jane Doe 2010” being © (Name of Creator) (Year)
There is no recognised symbol for Designs or Patents, but statements of “Patent No ___ Australia” or “Provisional Patent No ___ Australia” or “PCT Patent No ___” which ever is relevant and for Designs - use “Protected by Design Registration No ____ Australia” should be used to identify your registrations!
If you have any questions, Mark Your Territory™ offers 30 minute complimentary consultations to talk about general issues. Call during office hours on 9980 8282 to book in.
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