Page 34 - IP-HANDBOOK-07-2018

III. Types of Intellectual Property
HOW TO PROTECT OR OBTAIN A...?
Trademark
If the trademark is available and protectable you will want to ensure that you have the exclusive rights to use it for your products and geographically where you want. In addition, you should also ensure that you have suitable tools to prevent others from marketing identical or similar products under the same or a confusingly similar trademark. It’s time to develop the protection strategy.
Trademark protection can be obtained through registration and, in some countries, also simply through use. A registered trademark provides stronger protection than mere use and makes it easier and cheaper to prove rights and to defend it against unauthorized use and registration. A trademark registration is usually valid for a period of 7 -15 years depending on the country. However, the registration is not enough to protect the trademark against attacks.
It also has to be properly used.A trademark registration may be renewed indefinitely. Therefore, trademark rights are not time bound and are a reliable tool to support the investment made in the brand development and to secure the returns on investment.
Design
The protection of a design is based on the registered representations and not on what the product looks like on the market. Unlike trademarks, designs do not need to be used to maintain their rights. If they are timely renewed they can last protected for up to 25 years depending on the country. Like trademark rights, design rights are territorial.
Because design registrations are quick to obtain and relatively cheap, seeking design protection is a suitable tool to enhance the protection of brand assets. Generally, designs are easier to register than trademarks and can be a valid option to seek some protection for weak trademarks.
Copyright
In the majority of countries copyright protection arises automatically with the creation of the work without the need for registration or any other formalities. In some countries, e.g. the USA, registration of copyright is possible and may be advisable in certain circumstances.
Copyrights are generally valid for 70 years after the death of the author.
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