What Types of Intellectual Property Can a Business Use in the UK? 

Intellectual property protections can not only protect your business from competitors, but they can also help you grow your brand and reputation. As a business owner in the UK, you are likely concerned about what types of intellectual property you can use. In this article, we will discuss the different forms of intellectual property commonly used for growth and some of the best forms of legal protection for your property.

Trade Marks

Trade marks, either registered or unregistered, are one of the most commonly used IP protections for businesses. These can take many forms, including:  

• logos; 
• symbols; 
• colours; 
• words; or 
• any mix of these and more. 

You can register a trade mark with the Intellectual Property Office. To achieve successful registration of a trade mark for your business, it must be unique and distinctive. This prevents businesses of the same industry from having similar logos or business names. This could easily confuse consumers and muddle your brand with another. 

Businesses often use trade marks as a way to strengthen their brand identity. For example, a registered trade mark logo can be used internationally to identify your brand. This can also be used as an easily recognisable symbol. It also assists in building trust among your customer base and helps expand your business’ visibility.

The main difference between unregistered and registered trade marks is how they receive protection. This will also affect how your rights are enforced. Unregistered trade marks are identifiable through the ™ symbol. This is in contrast to the ® symbol, which is reserved for registered trade marks. To challenge a business that has attempted to copy your unregistered trade mark, you will have to prove that: 

• the mark is yours;
• you have built up goodwill in the relevant industry; and
• you have been harmed in some way by another business’ use of your mark. 

In contrast, when you register your trade mark with the Intellectual Property Office, your legal rights will be automatically granted as the IPO will have accepted that your mark is unique. Therefore, you are granted complete exclusivity within the selected area or areas of industry.

Patents

If your business has invented something, you may wish to apply for patent protection. This type of IP protection grants exclusive use to the grantee. Competitors are, therefore, unable to manufacture, copy, or sell your invention for the duration of your patent.

Patent applications are the most expensive IP protection. This is due to their complexity and potentially extended processing times. However, if your invention is highly marketable and you have a strong commercial plan in place, you will need a patent to protect your product. It is important that your invention has taken an inventive step, is applicable in industry and also has never entered the public domain in any way. These are the strict requirements for receiving patent protection.

If a business were to manufacture your invention while you have a patent in place, you could challenge this in court. The court may grant you compensation or a costs order for any financial loss that has been incurred as a result.

Design Rights

Design rights, like trade marks, exist in both unregistered and registered forms. Again, the main difference is the ease of proving your rights, as with unregistered design rights, you will have to prove when you designed a product and that you were the initial creator, which can be difficult without a log of evidence. 

If you register your design rights with the Intellectual Property Office, however, you gain exclusive rights to that design and can easily enforce your rights against a competitor attempting to infringe your intellectual property rights. The requirements are that your design must be:

• your own creative work;
• original;
• new to the public; and
• inoffensive.  

The law will protect an unregistered design for up to 15 years, and a registered one for 25 years. You must renew your design registration every 5 years to qualify for the 25 years of protection.

Copyright

Copyright protects your work from being used without your permission, otherwise known as copyright infringement. It is a type of intellectual property that applies automatically upon creating a new literary, dramatic, performative or written piece of work. Composers, authors, and software designers are examples of those who commonly use this type of intellectual property protection. Your work will be copyrighted for the length of your or the creator’s lifetime with an additional 25, 50 or 70 years, depending on the type of work created. Therefore, you can protect your intellectual property rights for long periods through copyright protection.

Due to the fact it is an automatic right, there is no requirement to register or pay a fee for the protection given by copyright in England. Therefore, there is also no need to register to view all copyrighted materials. You can, however, license your material to permit others to use it in specific ways that you have mapped out for them.

Key Takeaways 

There are several types of intellectual property businesses in England can use. The most commonly used are trade mark, patents, design rights, and copyrights. Each offers a distinct type of protection for specific products or creations. Therefore, depending on your industry, you must decide which type of intellectual property best suits you.

If you need help with an intellectual property application or query, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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