Intellectual Property Trademarks

Registered Trademarks Any sign capable of being represented graphically which is capable of distinguishing the goods or services of one undertaking from those of other undertakings (A brand or badge that distinguished your products or services)

Invented words

Dictionary words Apricot computers Seven Eleven or Nine One One

Letters and numerals U2 or UB40 TG4 or TV3

Slogans Under the tree at SPAR

Smells The strong smell of bitter beer –Applied to flights for darts The smell of fresh cut grass –Applied to tennis balls

Logos

Forms of packaging One-of-a-kind triangular shape, its peaks, its packaging and its name, it has achieved very high recognition throughout the world.

Shapes

Sounds Music for –Everyone’s a fruit and nut case

Images (more appropriate to copyright)

Images

Rights conferred by registration Prevent use of an identical or similar mark for identical or similar good or services Exceptionally you can prevent of an identical pr similar mark for dissimilar goods or services

Registered Trade Mark Different from –Company name –Business name –Domain name Which grant no proprietary rights

Registration National, European Community and International Registration Pre-application searching –To determine any prior conflicting marks First to file –Filing date determines rights

Registration stages Application Examination Opposition Registration months to complete 10 year duration and can be renewed perpetually

Important practice Non-use may lead to loss of registration If registered, use ® symbol Monitor the marketplace and the Internet Subscribe to a watch service

Other protection Common law rights: passing-off

Domain Names Almost anything can be registered First come, first served Exceptions are famous names where only the owner can apply (Guinness, Generic names are not allowed in the.i.e., domain Real and substantive presence must be proved for national registration Need to protect all domain extensions e.g.,.com,.org,.edu,.gov, consider the Whitehouse

Cyber squatting Not permitted to register domain names which might reasonably be expected by specific parties It is permitted to register for buying and selling marketable domain names Not unlike registering company names

Other Internet IP issues Metatag TM infringement or passing-off –Attracting search engine hits from a competitor’s site by including the competitors trade mark in your metatags. Copyright infringement by framing –Incorporating a third party’s web page in your own Deep linking

Value of Trade Marks Trade marks are Brands which are core to major international conglomerates Independent Newspapers Diagio If this business were split up, I would be glad to take the brands, trademarks and goodwill… and you can have the cash, bricks and mortar…and I would fare better than you. –John Stuart, former Chairman of Quaker Foods

Alternative it IP protection DISCLOSURE

The marketing specialists in your organisation would like you to include your competitors’ name and some of their product details as metatags in your new E-Commerce Web site. Their objective is to attract search engines away from competitor sites to yours. Should you include them or not include them?