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copyright & tM markings

You can use markings to put people on notice that you own certain IP rights and it can help deter them from infringing your rights (copying).

 

As a minimum, mark any written or design document, any photos, artwork etc. as follows:

 

Copyright

 

“© [Year of creation] [Your business name].  All rights reserved.”

 

(If you want to let others use your creation, for example under a ‘Creative Commons Licence’: consult a specialist IP attorney to get this right.)

 

Trade Marks

 

If you have a registered trade mark (that is, you application was successful and proceeded to a grant from the IP Office): use the symbol ® after the trade mark (name, logo, slogan etc.)

 

If you have not obtained a registered trade mark, but still use a name, logo, slogan etc. as a trade mark to distinguish your goods or services from those of others: use the symbol ™ after the trade mark.

 

Patents

 

If you have a granted patent, include the patent number on the product/packaging, or ‘webmarking’, with a link or QR code taking users to a website where you provide details of the relevant patent.  If you have applied for a patent but it has not yet been granted or rejected, you can use the phrase ‘patent pending’.

 

Design Rights

 

If you have a registered design right, as for patents, you can include the registered design number on the product/packaging or ‘webmarking’, with a link or QR code taking users to a website where you provide details of the relevant registered design right.

 

If you have unregistered design right, there is no recognised symbol or number you can use, but you could include a statement along the lines of: “All rights in this design are owned by [owner name] and infringement will be pursued.”

 

Trade Secrets

 

Mark all confidential materials (hard copy and electronic) ‘Confidential’ and store in secure password protected files with access on a need to know basis.

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