To safeguard business names - trademark names
To safeguard names, copyright does not apply. To safeguard names, consideration should be given to registering a trademark.
... When copyright does not work
When copyright does not work... The weakness of copyright is that you cannot copyright certain things. So what should you consider?
Copyright does not protect business names
Copyright does not protect titles or character names for books, films or television programmes.
Your name is not protected by business name registration
Business name registration in Ireand, under the Registration of Business Names Act, 1963 does not "protect" names. It is used to designate where your business operates from, and its trading name. It does not stop anyone else using the same name. It is very different from trademark registration.
Similarly in the UK, even though there is no Registration of Business Names Act, company name registration is no safeguard that another party could be using a similar name, or that a smilar name could be a registered trademark
So what can you do if you have something like a name, a book or film title, a character, a brand or logo that is worth protecting?
You can apply to register it as a trademark. This helps get around the copyright weakness. And, the weakness in the Registration of Business Names Act, 1963 in Ireland.
When you have a good name or title, it is often worthwhile considering regstering a trademark for the following reasons:-
- It shows you consider there may be commercial potential in the name of title,
- You may be able to hold a stronger position in negotiating royalties or distribution rights,
- registering the name as a trademark can give you more control, in terms of ownership rights especially
A good way to protect a good name or title is to get it registered as a trademark.
For more information, call us or visit our web site, www.battle.ie for registered trademarks.
To beat the limitations of copyright - get a registered trademark
Registering a trademark can help to turn a good name into a goldmine, and beats the copyright problem for names and titles. A film producer or someone who owns a good book should consider the options. This includes, but is not limited to: -
- registering the name as a trademark in the territory,
- registering the trademark for a range of goods/services to cover character merchandising potential,
- getting the trademark registered in a wider territory (such as the EU),
- considering trademark licensing possibilities,
- keeping the registered trademark under their own control,
- strengthening negotiation rights through having a registered trademark.
We aim to help strengthen your business name or film title in your preferred niche.
If you have a brand, name, logo or trade mark that has potential:
- lock it by registering a trademark, to keep it yours
- draw a barrier to entry around the trademark to secure the rights
- keep competitors out of your territory with a registered trademark to support your investment in advertising and branding
- use a registered trademark to command more value.
This can be done with a registered trade mark.
Battle For Trademarks Ltd. concentrates almost entirely on trademarks, so that we can provide:-
- advice on registering brands, names, logos and trademarks
- certain searches of registered trademarks
- preparing documentation for trademark applications
- negotiating intellectual property rights
- getting trademarks registered in Ireland, UK, Europe and elsewhere.
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