In this article, we’re going to be discussing the importance of copyright and trademark within a business, to avoid a trading standards investigation.
When beginning any kind of commercial endeavor, it’s vital to protect your intellectual property by trademark or copyright to safeguard your interests. This is necessary for a number of reasons, from protecting your company’s intellectual property to avoid a trading standards investigation.
The number of trading standards investigations worldwide has increased exponentially in recent decades. This is largely due to the fact that, thanks to the internet, it’s easier than ever before to start a new business.
In this article, we’re looking at the importance of Copyright and Trademark in any business operations. Take a look…
What Are Trademarks and Copyright?
These are designed to protect a business’s property and intellectual property from copying. This property can include physical objects, designs, ideas, logos and more – essentially, anything that goes into the mix to form a company’s branding or products. Companies are able to register this property with the legally recognized authority in order to ensure that no other business is able to copy that property for their own gain.
In a nutshell, trademarking protects a brand’s identity, i.e. branding, whereas, copyright prevents the reproduction by another company of specific work such as music, performances and written work. Often, businesses will use both trademarks and copyrights in order to protect their assets.
What is a Trading Standards Investigation?
This is a legal investigation which occurs when a business believes that another company or entity has copied or stolen part of its branding or identity. Such an investigation may be instigated in the case where a person is producing and selling pirate DVDs which would be an infringement of copyright law. This kind of investigation would also apply if, for example, a soft drink company launched a product with identical or very similar branding to an existing product, such as Coca Cola.
These investigations serve to ascertain if a breach of trademark or copyright has occurred and to stop such a breach from continuing. In some cases, where the breach is deemed to have been deliberate, the original company may be able to claim financial compensation.
The importance of copyright and trademark on a business trading standards investigation
In the unfortunate event that your business becomes entangled in a business trading standards investigation, the difference between success and failure is all down to how well you have protected your assets.
If your business has failed to protect its assets through trademark or copyright, you may have a tough time providing evidence that:
- The idea / concept came from you and belongs to you.
- You were using these ideas and concepts before the other company was.
- Your intention was that no other business should be using this property or intellectual property.
In this instance, you will have your work cut out for you in terms of showing solid proof that the other company is at fault.
Protecting Your IP
When you register for a trademark or copyright, there are comprehensive checks carried out to ensure that this property is not already assigned to another company. When these checks have been successfully completed, you will be able to register the property to your company or your name, and this will then go on record.
Essentially, this means that, should somebody attempt to appropriate your property, a court will make short work of preventing further breaches as the evidence is clearly laid out in your registration. Because of this, it’s impossible to exaggerate the importance of properly protecting your assets as, failing to do so, can lead to long, expensive lawsuits which, ultimately, your company may not win.
Trademarking your property will generally cost between $250 and $750, but will save you a considerable amount of money in lost revenue should a breach occur.
What to do if Someone Breaches Your Trademark or Copyright
In the alarming event that you discover that somebody may have breached your trademark or copyright, you can take the following steps:
- Contact the company directly with evidence of your trademark / copyright and ask them to cease using the property.
- If the company responds with a refusal, threaten legal action.
- If the problem persists, contact an intellectual property lawyer who will advise you on the steps that you can take to remedy the problem.
In many cases, the threat of legal action will be enough to make the perpetrator comply. However, if this is not the case, then your lawyer will take you through the steps of a trading standards investigation which will often begin with your lawyer sending a cease and desist notice to the other company on your behalf.
Keeping Property Thieves at Bay in Business
When you’ve spent time, effort, and money on creating your brand, the last thing you want is for somebody else to swoop in and steal all your hard work. Securing trademarking or copyright for your property is straightforward, relatively inexpensive, and can help to ensure that your company is the only one which will benefit from your creation.
While your business will hopefully never be subject to a trading standards investigation, it’s a good idea to have an intellectual property lawyer on hand so that, should a problem occur, you can react swiftly and thereby minimize the possible loss in revenue which may occur.
Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a legal professional if you’re seeking advice about copyrighting or trademark. We are not liable for risks or issues associated with using or acting upon the information on this site.
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