Attire Accessories - Jul/Aug 2019 (Issue 77)

24 ACID W: acid.uk.com T: +44 (0)8456 443 617 Do you know which intellectual property rights you can register with the Intellectual Property Office to maximise your protection? Copyright arises automatically and does not need to be registered. However, it is important to keep records and evidence of ownership. A simple © symbol and your name and the date on your work is a good idea. ACID members can lodge their copyright and design works on our IP Database. Each lodgment has its own tamper-proof unique number, and you can also download a certificate that confirms the date it was lodged. Design right is split into unregistered design right and registered design right. Unregistered design right arises automatically and does not need to be registered. Registered design right, as the name suggests, does need to be registered. The act of registering increases the protection for a design both in terms of what is covered and the length of protection. ipo.gov.uk Trade marks need to be registered and can last forever once registered if you keep renewing it. If you do not register a trade mark and somebody copies your mark, then you need to show that you had a reputation in the market for your mark and that the infringer had passed off their product as yours by reference to the mark. This is known as passing off. Once registered, designs and trade marks are placed on a public register, which makes it easier to prove and enforce your rights. Patents need to be registered and require the services of a patent attorney because they are much more complicated. Do you know how to register and renew your registered intellectual property rights? Intellectual property rights are registered and renewed at the Intellectual Property Office for the relevant territory where the registration is being made, which is normally the UK or the EU. Registrations and renewals are normally handled online on the relevant website, and it is possible to handle these yourself. If you have questions or concerns about the process or whether a mark or product is suitable for registration, you can contact an ACID legal affiliate who will be able to assist or handle the process for you. Trade marks are registered in respect of the goods or services that the trade mark is intended to be used for. You can extend the protection of a trade mark or design to other worldwide territories through the World Intellectual Property Office. This process can be complex, and we would recommend that you seek legal advice if this is something that you are considering. Trade marks and designs are both registered for an initial five- year period and can then be renewed every five years. Designs can be renewed a maximum of five times (up to a total of 25 years) and trade marks can be renewed in perpetuity. The oldest trade mark on the register dates from 1876! Have you registered your company name and/or the name of your brands and ranges as trade marks in the appropriate classes? It is a common misconception that registering a company and company name at Companies House is all that is required. This is false, registering at Companies House does not give you any rights in the name of your company. Registering the name as a trade mark with the Intellectual Property Office is the only way to secure your rights, and the same is true of product names, logos, etc. It is also important that such a registration covers all of the classes of goods or services that you do business in or think you may do in the future. Registering a trade mark is relatively inexpensive. The cost online of applying for a trade mark is £170, with an extra £50 for each additional class of goods or services you may want the mark for. We would therefore recommend that this is something you look to do at the earliest opportunity to maximise your protection. In the next article, we will examine priorities in design registration, protection of IP rights in overseas territories, being aware of when your IP rights are infringed, the necessity to create a proactive IP monitoring system in place and what steps you should take if you find that someone has copied you.