1. WELCOME

2. What is IP? Trade Marks Designs Copyright Patents

3. Distinguish Yourself & Your Business

4. What is a Brand?

5. Who do these logos belong to?

9. Trade Marks Symbol that distinguishes goods and services of one company to that of another e.g. brand names and logos Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that the registration covers If you have a registered trade mark you can put the ® to put others on notice that it is a registered trade mark If you don't register your trade mark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off http://www.ipo.gov.uk/domestic?domesticnum=2004858

11. How to obtain a Trade Mark To be registrable, your trade mark must be:- – distinctive for your goods and services (that you are applying to register the mark for); – not the same as (or similar to) any earlier marks on the register for the same (or similar) goods or services.

12. How to obtain a Trade Mark The IPO will not accept marks which: – describe your goods or services or any characteristics of them e.g. "Cornish Clotted Cream" for cream; – have become customary in your line of trade e.g. "China Garden" for Chinese restaurant services; – are not distinctive e.g. "The Cheese Company" for cheese; – are offensive e.g. marks containing taboo words or pornographic images; – are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not e.g. use of the word "Organic" on goods which are not organic.

13. How to obtain a Trade Mark Check it is not already registered Search the database – Looks the same as (or similar) for the same (or similar) goods or services – Sounds the same as (or similar) for the same (or similar) goods or services= Subject to Opposition Fill in Form TM3 or e-tm3 to Apply Form TM3A for each additional class Form TM11 for renewal

14. How to obtain a Trade Mark Costs – £170 to apply online/£200 paper applications – £50 for each additional class of good or service – Non refundable Company Names & Domain Names

15. Using a Trade Mark/IPRs Valuable Asset – Sell it – Licence it – Use it

16. Promoting your product and building a reputation How do you get to the top of a Google search?

18. Avoid getting into trouble! M&S have been challenged by Interflora in the High Court

20. Minimising Risk Can an average internet user identify the source of the advert? Consider placement of the ad Do not refer to the trademark in your ad or in your domain name

21. Considering setting up an online marketplace? Be careful! You could be found guilty of trade mark infringement.

22. © COPYRIGHT ©

23. © Copyright © Property right Non-monopoly right Personal right to copy/distribute Protects against copying

24. © Copyright © Expression of the idea Automatic Unregisterable

25. Types of Copyright Literary work – books, poetry, computer programs, lyrics, databases Musical – tunes, orchestrations (ex- words) Dramatic – plays, choreography, mime (ex-performances)

26. Types of Copyright Artistic – paintings, photography, film, sculpture Entrepreneurial works –films, sound recordings, broadcasts http://www.youtube.com/watch?v=9HGb5_T35WQ

27. Copyright Ownership Originality Authorship Employee creations Commissioned Works

28. Dispelling the Myths Can copyright protect my ideas? Can you copyright a name or title? Is posting myself a copy proof? If it’s on the internet is it free to use? If it hasn’t got a © it’s not protected

29. Summary IP is an intangible asset Protect them and your competitive edge: ®Branding = Trade Mark Registration ®Look of Product = Registered Designs ®How it work = Patents ®Literature/Artistic work = Copyright

30. PatentsTrade MarksCopyright Registered Designs TermUp to 20 yearsRights can last forever Life plus 70 years25 YEARS ProtectionThroughout the UK Throughout the UK Throughout the UK and much of the world Throughout the UK Protects againstYour idea being used, sold or manufactured The use of your trade mark by others without your permission Your work being copied or reproduced in communication or performance Your product being manufactured, sold or imported What is Protected Inventions Brand identity, including words, logos and other signs Music, art, fi lm, literary works and broadcasts What the product looks like © IPO

31. Rachel Beeby Trainee Solicitor rachel.beeby@rickerbys.com Steven Murray Associate Direct Dial: 01242 246494 steven.murray@rickerbys.com