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When running a business in the UK, it is important to consider the various types of intellectual property applicable to your product or service offering. This article will discuss the different ways you can choose the best intellectual property (IP) for your specific business.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Consider What You Offer Your Customers
IP protection provides security over the intangible assets of your business. Your IP rights will often depend on the type of product or service your business provide. This is because certain types of intellectual property will be specific to one area or industry. It is important to select the right type of IP to maximise the protection you can obtain.
For example, if your business has invented a new product and you wish to protect it from being copied, obtaining a patent would be the most important type of IP protection. In contrast, if you wish to protect a particular design of footwear you have created, a registered design right is more appropriate.
Automatic Intellectual Property Rights
The Intellectual Property Office governs IP rights in the UK. Normally, you will have to submit an application when seeking to obtain IP protection. However, some IP rights will automatically apply without the need to register. For example, copyright automatically protects creative/artistic works. Once you produce a piece of creative work, you can begin enforcing your copyright over it.
The Intellectual Property Office advises using the © symbol next to any piece of work which falls into the categories copyright applies, including:
- films;
- television;
- literary work;
- non-literary work;
- photography; and
- sound recordings.
It does not matter if you do not mark your copyrighted work with a © symbol, as it will still hold the same level of protection without the mark. However, it is useful to deter competitors from infringing your IP rights.
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Intellectual Property Applicable to All Businesses
Certain types of intellectual property are applicable to all large and small businesses regardless of the industry they operate in. For example, trade mark protection applies to any business due to its flexibility. Trade marks provide exclusive rights over intangible assets such as:
- logos;
- slogans;
- brand colours; and
- symbols.
A trade mark can be a highly valuable asset for your business as it increases your brand visibility. It also assists in marketing your products or services across multiple jurisdictions. Notably, your business is not limited to holding one type of trade mark. You can hold as many trade marks as you wish, which means you can maximise your exclusive rights.
If you are struggling to decide what type of intellectual property to obtain protection with, trade mark protection should be a primary consideration. The application process through the Intellectual Property Office is relatively straightforward and encourages creativity. By designing a logo, slogan or symbol that stands out, your registered trade mark can create brand recognition amongst customers.
Key Takeaways
When considering which intellectual property rights are applicable to your business, there are important considerations. First, consider what type of product or service you are offering and whether there are specific IP rights for that product or service. Second, determine whether automatic rights such as copyright protection are applicable to your business. Finally, remember to register trade marks as a form of IP protection, as they are highly flexible and are usually applicable to all types of businesses.
If you need advice surrounding intellectual property protection for your business, 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.
Frequently Asked Questions
A trade mark is any distinguishing feature you use that is connected to some aspect of your brand. It can take many forms, including a symbol, logo, phrase, colour palette, or sound.
Copyright is a form of IP protection that automatically applies to creative body of works, like paintings, songs and photographs. Unlike trade marks, you do not have to register for copyright protection. It automatically exists when you create a creative piece of work.
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