Topic: Trade Marks

How to protect your company or brand name

A trade mark is a sign that you apply to your goods or services to distinguish them from those of your competitors. It is the ‘badge of origin’ of your business, and can include the name of your business and its products and services, any logos and pictures that you use, or a combination of these. As well as protecting your brand, a trade mark can be used as a useful marketing tool to enable customers to recognise your products or services. A trade mark should be registered since it will be easier and cheaper to protect than an unregistered mark,...

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Definitions

The Glossary of IP Terms was originally prepared by Sarah Andrew of Arts Council England. Appropriation (1) The first step in the act of theft e.g. ‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’ (1968 Theft Act) (2) An act of cultural practice, e.g. ‘Everyday life invents itself by poaching in countless ways on the property of others.’ (Michel de Certeau, The Practice of Everyday Life, 1984) Assignment Passing on the rights of an author/creator, usually for money, always in writing. Moral rights...

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IP for Freelancers

More and more creatives are working freelance. As a freelancer in any creative field it is vital that you understand your intellectual property rights. One of the most common issues in freelancing is about ownership. Usually, if you create something in the course of employment the creation belongs to the employer (depending on your employment contract of course.) However, as a freelancer this is not the case and you can retain ownership of your work. It is a good idea to set out in an agreement or contract who owns what before you do the work as it is...

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Trade Marks: The Basics

Trade marks are everywhere, all over the world we recognise the significant marks of companies from the Apple on the back of a Mac, to the MacDonald’s golden ‘M’. How do you know you are walking into a Starbucks or a Pret? And, how do you know that the handbag is Micheal Kors or the trainers are Nike? You know because of the branding and the trade marks of these brands. So, what’s a trade mark? A trade mark is a type of intellectual property right for brand names, logos and slogans. It is a distinctive sign used to...

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