Some of the most common questions I get asked relate to the use of © and its sisters ™ and ®.  But what is often misunderstood is their precise meaning, as well as the circumstances in which they can be used.  Only one of them has a recognised legal meaning, and if misused you are committing a criminal offence! So, what do they mean and when can they be used? © means copyright.  From a day to day business perspective it will protect literary works (content) and artistic works (photographs and graphics), although it will also apply to sound and video recordings. ...

IP (intellectual property) can seem a bit of a mystery to many business owners, but a lack of knowledge or understanding can leave your business open to risk.  With our top tips you can avoid some of the common pitfalls we see:   Don’t use images you find on the internet without permission. Someone will own the copyright and won’t take kindly to your copying.   If you outsource design or content to third parties check your contract with them.  You won’t own the copyright unless the contract says so.   Don’t use the ® symbol unless you have a registered trade mark.  Wrongly identifying something...

Do you love your brand?  Have you registered your brand elements, such as names. logos and straplines, as trade marks?  When you register your brand as a trade mark you obtain a valuable property asset.  But like buildings, that asset needs looking after.  Here are a few key tips to ensure that all important TLC is duly applied: Use it or lose it.  When you obtain a trade mark registration you obtain an exclusive monopoly right.  And so you cannot unfairly hold that monopoly, meaning if you don’t use it the right can be taken away.  In the UK and many...

For many small businesses it is not always obvious what the benefits are of protecting their brand elements – names, logos, straplines, etc – with a registered trade mark.  Many see it as simply a legal expense, others believe it is only relevant to large businesses, and many believe that it is not worth doing as they cannot afford litigation. But in fact, there are a lot of benefits that many smaller businesses may be missing out on, and so we thought it worthwhile giving our views on why small businesses may want to consider brand protection: It ensures that the brand...