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jeudi 31 décembre 2009

Intellectual Property Backgrounder Tips

By Christopher Lee

We may think that recording intellectual property (IP) ownership rights are fairly recent event it is not. Even the Romans stamped bricks to show their sign of ownership. Trademark law is quite ancient dating back to the year 1266 in England. The old law known as the "bakers marking law" used to show the maker of a loaf of bread. Each baker would have their own registered mark.

Trademark law is now well established internationally. Almost every single established company now has their own mark that uniquely defines their brand. Most people think that you have to legally register a mark to be able to use it but the opposite is true. You register a mark so that others cannot use it! When you register a trademark you gain the unique right to be the only one to use the mark or to control who can use it.

A trademark is a particular mark that allows customers to distinguish you without seeing your product. It is a unique part of your brand. Tests have shown that you can exhibit just part of a noted trademark and people know which brand it belongs to. This demonstrates the power of a good image and how the brain works at recalling such things. This is why it is key to legally protect important marks and words.

In most countries if you create something yourself you have the sole rights to use this. However if an idea is used by many people it very quickly becomes common property and cannot be registered. It is always best to legally register marks and ideas. Registration legally defines the date of ownership beyond any sense of doubt. In some countries common law gives some trade protection but at the end of the day you have more security if you engage trademark lawyers to protect important IP.

These days you can self-register a trademark but there are inherent dangers of doing this of course. Trademark attorneys of course know how to register and how to protect possession if the rights are misused. They know the full story of registration and protection. If you self-register you may get a cheap registration but you may have left a loop-hole for someone to abuse your rights later on.

Registration of trademarks can be done in one or more countries. Presently there is no such thing as a global trademark. You have to register in all the countries where you want protection.

Registration has become easier over the recent years with the introduction of systems like the Madrid System of International Registration of Marks through the World Intellectual Property Organization, Geneva, Switzerland but international registration is still a boring and fairly pricy process.

Of course the benefits of registering a trademark outweigh the costs and challenges. If you are serious about your company you should be looking into at registration today.

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