Gift Focus - Jul/Aug 2019 (Issue 114)

relevant website, and it is possible to handle these yourself. If you have questions or concerns about the process or whether a mark or product is suitable for registration, you can contact an ACID legal affiliate who will be able to assist or handle the process for you. Trade marks are registered in respect of the goods or services that the trade mark is intended to be used for. You can extend the protection of a trade mark or design to other worldwide territories through the World Intellectual Property Office. This process can be complex, and we would recommend that you seek legal advice if this is something that you are considering. Trade marks and designs are both registered for an initial five-year period and can then be renewed every five years. Designs can be renewed a maximum of five times (up to a total of 25 years) and trade marks can be renewed in perpetuity. The oldest trade mark on the register dates from 1876! Have you registered your company name and/or the name of your brands and ranges as trade marks in the appropriate classes? It is a common misconception that registering a company and company name at Companies House is all that is required. This is false, registering at Companies House does not give you any rights in the name of your company. Registering the name as a trade mark with the Intellectual Property Office is the only way to secure your rights, and the same is true of product names, logos, etc. It is also important that such a registration covers all of the classes of goods or services that you do business in or think you may do in the future. Registering a trade mark is relatively inexpensive. The cost online of applying for a trade mark is £170, with an extra £50 for each additional class of goods or services you may want the mark for. We would therefore recommend that this is something you look to do at the earliest opportunity to maximise your protection. In the next article, we will examine priorities in design registration, protection of IP rights in overseas territories, being aware of when your IP rights are infringed, the necessity to create a proactive IP monitoring system in place and what steps you should take if you find that someone has copied you. An audit trail behind your work to prove you own your IP is essential. It is not rocket science! Often, assertion of a proactive IP strategy can be reinforced by a few simple words on your website such as “All intellectual property rights in our images, artworks and design belong to (insert your name). Any infringement will be treated seriously.” Prevention and deterrence play a key role in communicating an anti-copying message. For more information, visit acid.uk.com