Why Should I Register?
Why should I register my invention (product or process), design or trade mark/brand name?
Inventions and Designs
You should register your inventions and designs since (with the exception of computer software) without a registration you cannot, in general, prevent others from copying your product/process.
Computer Software
Computer software is covered by copyright, but is best protected by patent registrations if possible. That computer programs are best protected by copyright is a common misconception. Patents may be an investment, but they are usually much easier to enforce, and a much better deterrent to infringement, than copyright protection. In addition, those seeking venture capital for software related inventions would perhaps have more success if an application for patent protection has been filed (and published) before approaching potential investors. A patent application tends to create the impression, rightly or otherwise, that inventors are serious about their invention, that the software is unique, and that the investor will have good, strong protection for the invention should they choose to purchase it or to invest. Further, patents are assets and particularly start-up software or Internet companies can be lacking in identifiable assets to show to investors.
Trade Marks, Brand Names and Logos
Trade marks are in some countries protected by common law rights awarded to the first to use a mark, but a trade mark registration is clear prima facie ("on the face of it") evidence that you own the rights in a mark. It is an official document on which the mark and the goods/services it covers are shown. Without a trade mark registration, you are left with the job proving that you were the first to use a mark, which can very time consuming, sometimes quite difficult if insufficient records have been kept, and expensive - usually much more expensive than the cost of a trade mark registration. Quite often, those who have copied your mark can be convinced to cease their activities merely by showing them your trade mark registration, whereas you will usually need to go to court to enforce common law rights. Somehow "I can prove I own the rights in this mark" is not as effective as "here's my official trade mark registration certificate"!
Also, your rights obtained by use of a mark will be of assistance only in those countries in which you have used it. If you have not yet used your mark in a particular country, but wish to retain the right to use your mark in that country in the future, the only way to do so is to register your mark in that country.
Countries Where Enforcement of Intellectual Property Rights can be Difficult
But what about those countries in which it can be difficult to enforce patent, design or trade mark rights, is there any point in registering there? Yes there is. Without a registration you don't even have a fighting chance of scaring off or successfully suing copiers. Also, since a patent registration lasts 20 years, a design registration lasts between 10 and 25 years and a trade mark registration lasts for as long as you wish, the situation in any particular country could change dramatically during the time you own patent/design/trade mark rights there. For example, 5 years ago it was much more difficult to shut down infringing factories in China than it is today.
Contact us to file a patent, design or trade mark application(s), or complete our online instruction letter (word trade marks only).
Intellectual Property FAQ Disclaimer
IMPORTANT - Please read this disclaimer carefully as it concerns your rights.
The Intellectual Property FAQ are intended to provide general information only and not advice with regard to specific cases. The information given is non-exhaustive. Furthermore the relevant law and its interpretation is liable to change and may vary from country to country.
You should contact us for advice specific to your own situation. Whilst every effort has been made to ensure the accuracy of the information, no responsibility can be accepted by any member (firm or individual) of the Lloyd Wise Group for any inaccuracies or omissions, however caused therein. Nor can any responsibility be accepted for any loss or damage to any company or person as a result of actions taken or not taken on the basis of the Intellectual Property FAQ.
