Specialist Intellectual Property (IP) Solicitors for Startups and SMEs

Among the most common types of protection for IP are patents, trademarks, copyrights, and industrial designs.

Patents cover new inventions such as processes, machines, manufacturing, composition of matter, or any new and useful improvement of an existing invention.

Trademarks protect words, symbols, or designs (or a combination of these) that distinguish wares or services from others in the marketplace.

Copyrights provide protection for artistic, dramatic, musical, or literary works (including computer programs)

Industrial designs are the visual features of shape, configuration, pattern, or ornament applied to a manufactured article

Others areas of IP law cover trade secrets, integrated circuit topography registrations and plant breeders’ rights. To fully protect your original invention, product, service, or work, you may need to know about the rights and protections associated with more than one type of IP.

[For example, a newly invented machine may need a patent to protect its method of operation, an industrial design registration to cover its construction, and a trademark to stop other businesses from using its unique name in the marketplace. While the invention itself does not qualify for copyright, the machine’s operating manual probably does. Each of these rights exists for different periods and may need to be registered or granted in different countries.

There are template IP contracts freely available for a variety of purposes online. However, we strongly advise against using free templates.

Any contract, regardless of whether it focuses on intellectual property or not, should be drafted specifically for the situation and parties it intends to bind.

And given the complexities of intellectual property law, there is a high risk of getting something wrong without the help of an experienced professional. Even the slightest mistake could be extremely costly in the future.

In short, it’s wise to consult a lawyer for drafting or reviewing any IP contracts.

There are three main reasons to register a trade mark, which apply to every business. The first is obvious; registering a trade mark allows you to stop third parties from using the same (or similar) name for the same (or similar) goods and services.

Second, going through the trade mark application process is the best way to ensure that your brand name doesn’t infringe on someone else’s registered brand (which can lead to significant legal issues in the future).

Last but certainly not least, a trade mark is a significant commercial asset. It is often the first thing an investor or eventual purchaser of your business will look for as it’s a clear indication that your brand name is more than just “known” and is, in fact, “owned”.

If you believe another individual or company is using your trade mark (or something similar), then you should try to collect some evidence, with screenshots and website links being best.

Next, you should speak to a specialist trade mark lawyer. If that’s us, we will assess the details of the case and advise on the best course of action. The aim should always be to end infringement most quickly and cost-effectively.

Trade marks protect brand names, logos and slogans. A trade mark is a registered right, meaning that you need to go through an application process to get one. Conversely, copyright protects different works such as extended text, graphic works, illustrations, photographs, software code, music, sculptures and film. Copyright, at least in the UK and EU, isn’t a registered right and instead, it exists as soon as an original work is created.

If you believe someone is infringing your IP rights, you should collect as much evidence as you can. Good examples of evidence include screenshots, website links, and photos. In short, anything that captures and demonstrates the infringement. Next, you should speak to an intellectual property lawyer, who can advise whether you have grounds for a complaint and what steps to take next.