CARDIFF SOLICITORS

CARDIFF SOLICITORS

Solicitor in Cardiff

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Copyright, Trademark & Patent

Intellectual Property LawPosted by ROBERT DUDDEN Mon, September 18, 2017 22:31:03
Copyright, Trademarks, Patents & UDRPs

Trademarking your Brand.

When you startout in business you want to be original, but you have to do your due diligence and research if your brand has not been used by someone else. When you have desided what name to use its always a good idea to trademark your brand, name & logo or even a product, slogan or symbol. The definition of a trademark can mean a protected name, word, slogan, design, symbol or other unique device that identifies a product or company.

The definition for copyright is to stop an individual or company copying your photograph or text, music that falls under copyright laws where you as the owner of the material has to prove you were the one that wrote the music or content text or took the photograph.

The definition of Patent Law is stopping someone claiming rights to your invention.

In order to trademark your brand you must first register it with a Govering Body and it may take anything between 6 and 18 months to be processed.

Upon registering your trade mark you have to decide if you want it trade marked globally. If you register in the UK you are not protected globally, you are only protecting yourself in the UK where you have applied for the trademark.

The European Union, now has a Community Trade Mark (CTM) which covers the mark in all EU countries. The same goes if you live in the UK but you do not want the USA to use your brand name you have to also register your trademark in the USA and any other subsequent countries.

To trademark you brand in bulk there is also the Madrid System that provides a facility to submit trademarks applications to many countries at the same time.

You cannot use trademark symbols without registering your brand first this is illegal to do. Registered trademarks may be signified by the abbreviation ‘TM’, or the ‘®’ symbol.

You can also patent your brand but this is more for invetions rather than for trademarks although in most countries, the national patent office will in most cases also administer trademarks. But the best way to go is to contact your Government for application.

Links to all Government websites can be found here:

https://www.copyrightservice.co.uk/copyright/intellectual_property

For the Domain Industry Domain Investors who buy up the domains in future may have a problem if they later on find out someone has trade marked their name making their domains worthless. But this is where you would have to argue what came first the chicken or the egg...

The definition of UDRPs is the short name for Uniform Domain Name Dispute Resolution Policy, where by you have registered or you have acquired the domain name simply for the purpose of selling, renting, to the complainant who is the owner of the trademark or service mark of a brand name for a hign value. In other words cybersquatting.

Below is a link to a documentation where the Domain Investor 'Rick Schwartz' got himself into a bit of a trouble.

https://www.thedomains.com/2017/06/22/domain-investors-need-learn-trademark-law/

This can happen to the best of us, but in order to avoid such problems do your due diligence and research that no one else is using the name and that it does not have the letter (R) or (TM) next to it.







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