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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).
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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)
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
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.
Sounds • Music for • Everyone’s a fruit and nut case
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 • 12 -18 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?
