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Welcome to T.I.P - TotallyIP.co.uk

The place for simple information and tips regarding trade marks, copyright and registered designs from a UK perspective.

In addition our news pages contain information on the current hot topics and developments in intellectual property.

The owner would like to point out that the information displayed on this website is the opinion and interpretation of the author and as such do not constitute legal advice.

This website seeks to try and simplify intellectual property law, something which is not an easy task! The aim of this is to give users a starting point on what intellectual property constitutes and its value. As this is only scratching the surface, it DOES NOT provide authoritative legal advice on any situation and as such reliance should not be placed on any of the information. If after getting the basic idea you want to look at any of the issues discussed in more depth you should consult a Solicitor or Trade Mark Attorney.

IP Tips

Intellectual property is quite a broad term, so its common to ask where do I start? Below is a brief explanation of the applicability of copyright, trade marks and designs to point you in the right direction.

What do trade marks cover?

Trade marks protect the name and/ or branding of a business or product.

For example this includes words, stylised words and logos, letters, numerals, shapes, smells, sounds, product 'get up'.

What does copyright cover?

For example, if you write a book this will be protected by copyright so that no-one can directly copy what you have written but it will not prevent someone else writing a book on the same subject from their own perspective.

Literary, artistic, musical and dramatic works as well as sound recordings, films and broadcasts may be eligible for protection under copyright. This does not include names as this falls under the area of trade marks. It also does not include the design of an item as this is dealt with by design law. It will also not protect the function of an item.

What do designs cover?

Unregistered UK design right protects the shape and configuration of the whole or part of an article.

Registered Designs protect "the appearance of the whole or a part of a product". This includes, in particular "the lines, contours, colours, shape, texture or materials of the product or its ornamentation."

Do's and Don'ts

an easy first step in establishing copyright is to put your work in an envelope, sign across the seal and post it to yourself to get the post mark. Alternatively deposit it with a third party.

when choosing a new name/ designing a new brand for a business or product don't let the trade mark search be put on the back burner till the last minute. Someone else may already be using that name and/or may have already registered it.

also when developing a new brand try to think as far forward as you can. If there is a possibility you may want to go multinational remember that just because the name you have chosen is relatively clear to use in one country does not mean that the same will be try of another.

if you want to be in with a chance of stopping other people from using your brand for the same type of products or services you do consider registering it as a trade mark. Although it is possible to build up rights through the unregistered route and the cost of registration may seem an unjustified cost particularly at start up, it is likely to save you money in the long run should you ever want to challenge someone else use.

if it's the overall appearance of your product that you want to protect you need to consider design law. Again it is worthwhile considering registering your design. In the UK and Europe this falls under the area of registered designs but in other countries it may form part of the patent system, for example the USA.

For registered designs it is particularly important to be aware of time limits. These vary depending on which country you are seeking protection in. So it is also important to consider where you want to protect your product before you launch it as you may not be able to apply for protection after the event.