Page 22 - IP-HANDBOOK-07-2018

III. Types of Intellectual Property
HOW TO CREATE A...?
Trademark
To be protectable, trademarks need to be distinctive signs that are available at the moment when the trademark application for registration is led or use is started. The costs for creating a new trademark can be a signi cant investment. When choosing a trademark various circumstances will play a role, such as the marketing bud- get, the markets where the product will be introduced or a campaign will take place, the position of the product vis-à-vis the competition.
In addition to these business factors, there is a legal aspect that needs to be considered in the beginning of the creation process: Is the trademark distinctive enough to be protected ?
Prior to using a trademark, a trademark and use search needs to be carried out to ensure that the selected trademark can be used safely and is not yet used or registered by another party for identical or similar products or services.
Design
To be protectable, designs need to be new and have individual character at the moment when the design application for registration is filed.
If someone has already registered a very similar design, you may not get protection for your own design and if you use it you may be infringing someone else’s rights. Although design checks cannot be exhaustive, a check of available databases can save time and money. If you change a product in a way that its appea- rance alters, the initial design registration may not protect the changed design.
Copyright
Copyright arises automatically with creation of the work and no registration or formalities are required. If the originality requirement is met, the work is pro- tected almost worldwide as of its creation.
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