Get your IP protected
Does your business have a catchy name and/or clearly identifiable logo? If you haven’t registered your business name or the logo as a trademark, a competitor could try to use a similar logo and name.
You could attempt to stop your competitor from using the similar logo, but if you haven’t registered your logo as a trademark you would find that you do not automatically have exclusive use of it.
You have other options to try to stop your competitor using a similar logo but they require you to go to court, and relying on the court recognising ‘‘ goodwill’’ in your business.
The important point is that there is no need to leave it to the courts at all when you can greatly improve the situation by registering either or both your company name and logo online.
This is an inexpensive and simple process. If your business is worth running, then your company name and logo are worth protecting.
If you set up a business you should check to ensure you are not using a name or logo that is too close to that of another business.
If they object to your use of the name or logo you could end up in an expensive legal dispute.
Types of Intellectual Property
There are different fields of intellectual property law that protect ideas, written work, logos, and inventions that are valuable to a business. The intellectual property right which is most suitable for you will depend on what your idea is and what level of protection is required.
Some of the most common types of intellectual property are: Copyright Copyright protects original work; including written works, artistic works, sound recordings, films, communications and publications. It enables the owner to take action against the unauthorised copying of any original work.
Copyright protection is automatic in New Zealand from the date of creation for a limited period of time, which varies depending on the type of copyright work. No formal registration process is required.
However, it is sensible to notify others through a copyright notice in the following or similar format: © Copyright 2014. Joe Bloggs [or Company Name]. All rights reserved. Trademarks A trademark links a brand name with the supplier of products and services, and can be either registered or unregistered.
By registering your Trademark you gain greater protection for your brand name and any associated logos.
A Trademark may be a word or an image. There are various criteria that need to be met in order to qualify to be registered as a Trademark, including that it is distinctive to your product or service. Patents A patent will protect a new innovative idea by preventing others from using the invention for a period of 20 years.
A number of rules apply to a patent application. First, the inventor must prove they have a way to put the idea into practice. Second, the inventor must apply for a patent before he or she uses or discloses the idea.
Keeping the idea a secret is essential to the success of your application. You must also be certain the invention is original – this can be achieved by searching the patent records.