Trade Marks and Intellectual Property Legal Services

Copyright is the right of a creator to own, profit from, sell or license what they have created. It is a type of intellectual property, but is different to a patent (which covers a process or invention, like a new drug) or a design (which is a template for something that can be manufactured commercially – like Trunki) or a trade mark (which is a brand name or slogan to identify and differentiate yourself from others in the marketplace).

Examples are music, books, scripts or photographs. Ideas in themselves cannot be copyrighted. It's the execution of that idea into an original work that can be copyrighted.

A photo, song, audio-visual or written creation is automatically protected the moment it is finished: the challenge lies in proving that it is you, and not someone else, that created it. For many years, to prove copyright, an author would post their work to their lawyers or banker by registered post and ask them to keep the package unopened with the postmarked date-stamp as proof of creation. Now, there are other ways you can prove your ownership, but things have not moved on that much.

There is no official UK copyright registration system, but you can register it online with the US copyright office, which carries weight internationally and can always be pointed to as proof that you registered something on a specific date. You can find the US copyright office at https://www.copyright.gov/ and it costs US$55 per registration if you do it direct online. Often, screenwriters register their work with the Writer's Guild of America (even British ones) as it is another way of proving that it's your screenplay and not someone else's. You can also use the little © symbol to show others it's your work. For example: a copyright statement might read: “ © 2017 Jane Smith All Rights Reserved”.

The more detailed your description of the idea, the better, for example if you write a twenty page treatment of a film: that treatment is copyright the moment it's created, as it will count as an original work. Ideas are cheap: it's the execution of that idea into something tangible that makes it capable of being protected by copyright law. So if you're pitching your work, you should keep track of who you meet with, and when. Sometimes a non-disclosure agreement (“NDA”) is appropriate, but generally you'd see them more in the case of an industrial patent or commercial design (which are not copyrightable works in the way a book is). In books, TV and film, often the person you're pitching to won't like signing an NDA because they might think that you don't trust them.

A trade mark is a word or a catchphrase that you can use to differentiate your product or service in the marketplace, such as Nike, Chanel, "just do it" (Nike) or Diageo. You can add brand value by doing this, and in certain circumstances charge a premium for your product or service.

When you decide on a name for your business, or goods or services.

Registering a company at Companies House or buying a domain name does not stop someone else from using your name to market themselves or their own goods and services. They may choose to register a trade mark to protect their brand, in which case you may have an expensive and lengthy battle to regain control of what should be your name and brand. Owning a trade mark adds value to your business: intellectual property (which includes trade marks, copyright, designs and patents) can greatly increase your bottom line and even bring in new revenue streams from licensing. It is invaluable in the event of a business sale, as most incoming buyers will need to see that what they're buying includes your trade marks.

In the country or countries where your business operates or sells its goods and services. If this is just the UK, then a UK trade mark will be right for you, but if you want to trade in the EU, either now or in the future, then you should consider registering in the EU, which covers all EU countries. For countries outside the EU, please contact us.