Copyright Protection Advice from Irina Mamykina: Rely on experts to safeguard your intellectual property rights
Small Businesses Urged to Protect Intellectual Property Rights
In the competitive world of business, it's essential for small businesses to safeguard their intellectual property rights. A specialist recently discussed common mistakes made by small businesses when registering a brand and the types of copyright infringements they frequently encounter.
Common Mistakes in Brand Registration
Small businesses often fall into pitfalls when registering their brand. One such mistake is filing under the wrong trademark class, leaving their brand unprotected in their actual business area. Other errors include mistakes in applicant details, registering only the logo instead of the business name, not conducting thorough trademark searches, and failing to register the trademark after starting use.
Frequent Copyright Infringements
Copyright infringements, on the other hand, typically involve unauthorized copying, creating derivative works, public performance or display, distribution, or sale of copyrighted works. While this article primarily focuses on brand registration, it's important to note that copyright infringement concerns creative works, not logos or brand names, which are primarily covered under trademark law.
Checking for Logo or Name Infringement
To avoid copyright infringements, small businesses should conduct a comprehensive trademark clearance search before filing. This includes checking for exact and similar name matches, different spellings or phonetic equivalents, searches in all relevant trademark classes related to your business products or services, and logo/design searches using trademark database design codes.
Additionally, consulting trademark databases such as the U.S. Trademark Electronic Search System (TESS) or equivalent government databases in your jurisdiction can help check for registered or pending trademarks. Considering hiring IP professionals or attorneys to analyze the search results and advise on risk is also advisable.
Best Practices for Brand Protection
To protect their intellectual property effectively, small businesses should register both the word mark (business name) and design mark (logo) if applicable, to ensure broad protection and avoid gaps where another party could register a similar name without the logo design. Regularly monitoring trademarks after registration is also crucial to detect potential infringements early.
In conclusion, small businesses should carefully prepare trademark applications, verify accurate legal details, conduct thorough clearance searches across classes and variations, register both name and logo marks, and seek professional advice to avoid infringement and protect their intellectual property rights. By doing so, they can establish a strong foundation for their business and secure a competitive edge in the market.
[1] Trademark Clearance: What it is and Why it Matters
[2] Trademark Registration for Logos: What You Need to Know
[3] Trademark Search: How to Conduct a Trademark Search
[4] Trademark Registration: The Benefits and Drawbacks
[5] Trademark Infringement: What It Is and How to Avoid It
- Small businesses should conduct a thorough trademark clearance search before registering their brand, as errors like registering only the logo instead of the business name, or failing to register the trademark after starting use, could leave them vulnerable to copyright infringement.
- While copyright infringement primarily involves creative works, it's crucial for small businesses to also ensure their technology, such as proprietary software or innovative designs, are protected under intellectual property laws, to safeguard their competitive edge in the market.
