Brand protection is the key to ensuring that your business remains profitable and successful. Controlling all aspects of your brand is an essential part of protecting it and intellectual property protection is about proactive and constant exploitation. Brands are the most important asset to a business organisation and the need to protect them from imitation, unauthorised copying, and unfair competition is all the more necessary. It is important for those seeking to protect their brand to fully understand the different aspects of legal measures they can take including copyright, patents, trademarks, and designs.
Copyright is basically the first step in this form of protection. As soon as you put an original idea down on paper you can prevent others from copying it. You cannot stop others using your idea, just the physical expression of it so you will not receive protection until you turn your idea into a tangible form. When looking to copyright your idea it is essential that you keep a record of all drafts, notes and iterations and date them so you can prove it is yours. If your business or product is distinctive it is definitely advisable to register it at your Intellectual Property Office. This is the best way to protect your trademark and/or registered name rather than relying on the Fair Trading Act or common law rules. Registration of your trademark also works as a deterrent as it shows to everyone your ownership of the mark.
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Designs are usually protected by copyright but it is also very helpful to register your designs with the Intellectual Property Office. The advantage of registration gives you the right to stop others using your design even if they didn't copy it but came up with the design independently. This ensures that your brand is fully protected from competition and deters others from putting something on the market that is too similar to your product. You also need to make sure that you secure your name early even if you do not want to use it at the time. Not securing your trademark and/or registered name early can be the start of many legal battles and hindrances that will set your business back in the long run. Websites are often the only point of contact between businesses and potential clients and it is important to make sure your website outlines what other people can and cannot replicate and your general trade terms. When it comes to brand protection a holistic approach is absolutely vital.
Brand Protection - Controlling All Aspects of Your Brand
If you would like more information on how to trademark a name, trademark registration or brand protection in New Zealand we invite you to take a look at our website: www.ipol.co.nz
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