... 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 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, 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.
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 protecting for the following reasons:-
- It shows potential;
- It gets better negotiating rights;
- It gives you more control.
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. or trade mark that works for your business:
- lock it, to keep it yours
- draw a barrier to entry around it
- keep competitors out of your territory with it
- use it to get more value.
This can be done with a registered trade mark.
BATTLE can provide:-
- advice on brands
- searches of trademarks
- making trademark applications
- negotiating intellectual property rights
- getting trademarks registered in Ireland, Europe and elsewhere.
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Battle For Trademarks gives supportive trademarks services - for registered trademarks We are proud of our trademarks service record. |