Info On Trademarks Patents Copyrights Designs

INTELLECTUAL
PROPERTY

© Copyright Complete IP Pty Limited 2011 - 2012

So now that you know how to identify
your brands, what type of intellectual
property do you actually have?

And what do you do to protect both
your IP and your business?


Intellectual Property is
commonly known as IP.
The main forms of IP are:
 Copyright
IP  Designs
 Patents
 Trademarks
 Trade Secrets/Confidential
Info.

•What is a copyright?
•How do I register a Copyright?
•How do I show I have a Copyright?
•How long does a Copyright last?


What is a Copyright?
A copyright is defined as an original
expression of ideas. It is not the idea
itself.
Copyright protects original works of
art, music, films, literature, computer
and broadcasting programs.

Some of the things you may claim
copyright to are:

• Photos

• Manuals
How To
Do It All
Yourself

• Website pages

• Artwork

How do I register a
Copyright?
You do not need to officially register a
copyright in Australia, unlike a patent,
trademark or design.
Copyright is a free and automatic
registration.


PROOF OF COPYRIGHT
To provide some “proof” to the date of
the creation, you can:
Complete IP Pty
Limited
PO Box 63
BORONIA VIC 3155

Mail yourself a copy of the copyright so that it
is date stamped; send a copy by read receipt
email and/or provide a copy to your
solicitor/advisor .


How do I show I have a
Copyright?
Placing a copyright notice on any works
of original expression is suggested.
These can be shown as per the
following example:


© Complete IP Pty Ltd 2010

This indicates that Complete IP Pty Ltd
was the original creator and that it was
created in 2010.


How long does a Copyright
last?
In Australia, the life span of a
copyright has been extended
from 50 years to 70 years after 70
the death of the creator, or 70
years from creation.


DESIGNS
 What is a Design?
 How do I register a Design?
 How do I show I have a Design
Registration?
 How long does a Design Registration
last?


What is a Design?
 A design is essentially the overall
appearance of your product – the
shape, configuration, pattern and
ornamentation of your product that,
when applied, gives a unique
appearance.
 Some examples of designs that have
been registered in the past are:

Dunlop ®
Tyre


Speedo’s


A Rocking
Kangaroo


How do I register a Design?
 To register a design, it must be
and DISTINCT 

 A design registration does not protect
the materials your product is made
from, nor how it works X

 It cannot have been published in
any document either inside or
outside of Australia X

 It cannot have appeared publicly in
the marketplace X


Once a design has been marketed
or published, it will not be
considered new


Patents

WHEW!


Trademarks
 What is a Trademark?
 How do I register a Trademark?
 How do I show I have a Trademark
Registration?
 How long does a Trademark
Registration last?


What is a Trademark?
A trademark is the unique identity you
apply to goods or use in connection
with services, in the marketplace to
gain recognition.
A trademark must be capable of
distinguishing your goods or services
from those of other traders.

A trademark can be:
 A brand or product name
 A slogan or tagline
 Your business or company name
 Your logo
 A colour or smell
 A shape or aspect of packaging
 A combination of the above


How do I register a Trademark?
Step 1
Have a search conducted before you
apply. Your results will be known in 2-3
days rather than months.
(It is not compulsory to have a search
conducted prior to application)


Step 2
File the application with the
government department for them to
examine.


Step 3
A notice that the trademark has been
accepted will be issued, or an “adverse”
report will be issued after government
examination if there are problems to
address.


Step 4
Once the application is approved, it
will be advertised as such.
At this stage, a compulsory 3 month
opposition period begins, during which
other parties may oppose your
trademark.

Step 5
Registration!
Assuming no opposition is filed against
your trademark, it will become
registered for an initial period of 10
years.


How do I show I have a
Trademark Registration?
TM

You may use this
symbol against any
®
‘sign’ you are Use this symbol
claiming to be your after your
trademark. trademark is fully
registered


How long will my trademark
registration last?
Trademarks are initially registered for a
period of 10 years and can last
indefinitely by renewing your rights
each 10 years thereafter


Trademarks
 Benefits of trademark registration

 Can anything be registered?

 International Trademark registration


Benefits
If you have spent time and money on
advertising and developing your brand,
name or logo, you should protect it
with trademark registration to ensure it
remains yours.


Control your own name
By registering a trademark, not only are
you given the right to use the trademark,
you also have the right to control the use of
your name or logo. If someone else begins
using it, you have the right to tell them to
stop. If someone else wants to use your
name or logo, you have the right to license
the use in a manner that suits you.

Make more money

Licensing fees and franchising royalties
from your registered trademarks can
earn money well into the future.


Add value to your business
A trademark is a saleable asset, just like
real estate. By registering your name,
logo, brands and slogans as
trademarks, you immediately add value
to your business.


Be professional
Many people recognise the ® symbol
that represents a registered trademark.
Using this symbol deters others from
“ripping you off”. It also projects an
image that your business is sound and
dependable and will be around for
many years to come.


Businesses last longer

Studies have shown that each
trademark registration you have
increases the life of your
business by approximately 2.2
years!


Avoid action & costs against
you
By registering your trademarks, you may
then avoid someone else registering your
name or logo & telling you to cease use of
it!
The costs involved if an action is brought
against you, not to mention costs to re-
brand far outweigh the cost to register a
trademark.

Own your name exclusively
A business or company name registration
does not provide you with exclusivity, it
merely allows you to trade with the name.
A trademark registration is the only
registration that gives you ownership of
that name, logo or slogan. Action against
infringers without trademark registration
is limited, difficult and costly.

Prevent importation of
infringing products
Owning a trademark allows you to
apply to customs to keep watch for
products being imported under the
same (or even similar) name, for a
product similar to yours or your
industry.

Priority overseas
Will you trade online or outside
Australia?
You will have a 6 month priority period
for overseas trademark registrations,
based on the date of your Australian
trademark application.


Can anything be registered?
Not all things are legally able to be
registered as a trademark, or part of a
trademark. For example, the Olympic
Rings and the Australian Army insignia are
prohibited. Special permission is needed
for other trademarks such as the use of the
word ANZAC and even the Aboriginal flag
(which is protected by copyright).

Other difficulties may arise in registering a
trademark if your mark is likely to be needed by
other traders in the same industry.

For example, John Smith Auto Electrics
It is quite likely there is more than one John
Smith with an Auto Electrical business who
will need to use that name.
By adding a distinctive aspect to the name
however, such as a snake wrapped around a
steering wheel, it can create a unique
trademark that will be able to be registered.

An identical or deceptively similar trademark
is already registered for the same or similar
goods or services.

By having a search conducted on your
trademark prior to using it, you can avoid this
issue from the outset.
You will also avoid the owner of the registered
trademark pursuing you for trademark
infringement!


International registration
Australia is one of over 80 member
countries of the Madrid Protocol,
which essentially allows us to file a
single trademark application with the
Australian government office and
designate which of the other member
countries we would like to apply for.


 In most countries, you can claim “priority”
based on the date of your Australian
application. To claim this priority, you must
file your overseas application within 6
months of your Australian application – and
the time frame is strictly adhered to.
 This means that your application will take
priority over applications made after that
date, in that country.


Copyright

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