What are intellectual property rights?

Intellectual property rights are intangible property rights which are created as a result of intellectual effort. These rights can be registered rights such as patents and registered trade marks, or unregistered rights such as the goodwill associated with a trading name, the look and feel of a product’s packaging, or the copyright in a passage of text.

Different businesses will own a variety of intellectual property assets, depending on the nature of the business. One of the most common types of intellectual property rights is the trademark. Trademarks can be registered or unregistered, and most businesses will own trademarks in connection with their branding.

What is a trade mark?

A trade mark is the brand name, logo or strapline used to market a product, be it a good or a service. A trade mark can be registered with the Intellectual Property Office, preventing a competitor from imitating it in relation to competing goods and services.

Unregistered trade marks are also protected by law, albeit to a much lesser degree than registered trade marks. The unauthorised use of an unregistered trade mark is known as ‘passing off’. It is recommended however that a business registers the various elements of its branding as trade marks because unauthorised use of a registered trade mark by a third party is known as trade mark infringement, and there is specific legislation which upholds the rights of the trade mark holder, and entitles the holder to a number of remedies, meaning that a trade mark is easier to defend if it is registered.

What products can a trade mark cover?

Trade marks are registered in any of the 45 available classes of goods and services. The different classes represent different sectors and industries, and each class contains thousands of pre-approved terms that can be selected.

Where does a trade mark apply?

Registration can take place at different geographical levels, with the UK Intellectual Property Office (IPO), the European Union Intellectual Property Office (EUIPO), or the World IPO. Thanks to various international protocols and treaties, intellectual property principles are similar in many countries, meaning that one application can form the basis for applications in several countries.

If you would like assistance with registering or defending a trade mark, or advice in respect of any other type of intellectual property, please contact Rhys ap Gwent in our business services team via email at [email protected]