In my last article, I wrote about Intellectual Property and what it is, and gave some advice on creating a Patent. I also advised on the importance of establishing exactly which area of Intellectual Property (I.P) you need to be dealing with as this in itself can save time and money.
Given our experience in this field, we can assist and are always happy to do so. If you missed this article or would like to gain some insights into many other facets of the law, just visit our articles page on our website.
Trademarks
In this article, I would like to deal with Trademarks, which are confused by some people with Patents but they are in fact quite different. In essence, a Patent grants the property rights of an invention, allowing the Patent holder to exclude others from making, selling, or using it.
A Trademark is a design, word, phrase or symbol – something that clearly distinguishes the source of a product (trademarks) or service (service marks) of your business from that of your competitors. This could be a distinctive logo or brand name like ‘Apple’ for example.
There are 2 ways to register a Trademark. you can either file a “use” application after using the mark – or file an “intent to use” application before using the mark. Filing an application is complex, however, so most applicants hire an attorney like Glenn Rooseboom Inc. who can advise on the ins and outs, options and processes needed to effectively register and secure your distinctive trademark.
Trade secrets
An entirely different thing, but also an aspect of Intellectual Property, is Trade secrets. This is a little more self-explanatory and is, as the title suggests, where Non-Disclosure Agreements (NDAs) would come into play, as you can’t obtain protection by registering a Trade secret. Your protection only lasts if you take the necessary steps to control the disclosure and use of the information.
So, what are typical examples of ‘Trade secrets?’ Well, these would be things like product formulas or ingredients, customer listings, survey results, or computer algorithms. As in the case of Patents and Trademarks, protection is the best way to make sure that no one else can copy or use your distinctive inventions, works, marks, or other creative ideas.
One good tip is to tell employees to stay out of public discussion and away from competitors, so they cannot inadvertently ‘’leak’’ valuable information! Also, meet with me to have watertight NDAs drawn up and to look at other ways I can help you with this.
Seek professional advice and action
Remember that with all these aspects of the law our articles can only just summarise them and hopefully give some useful advice. To get more detail and act on such matters you need to contact me to discuss your specific issues and ascertain what area of Intellectual Property we are dealing with.
Watch this space as we unpack more features of Intellectual Property law and offer some advice on the PoPI act in June. Stay safe – and always stay legally protected!
