The infringement, theft, plagiarization of creative work goes on everyday. This puts original ideas and creative works at risk of being duplicated at the expense of the original creator’s or owners profit, credibility or brand.
The World Intellectual Property Organization (WIPO) defines Intellectual property as the “creations of the mind: inventions; literacy and artistic work; symbols; names and images used in commerce”.
Intellectual Property Law seeks to protect the ideas of the human mind that have transformed or materialized into a tangible form, that can be seen, felt, touched or perceived (not the idea in itself). These conceptions of the mind that have gone from thoughts or ideas and metamorphosed into tangible forms are protected by the laws of Intellectual Property from unauthorized use by others, by way of Copyright; Patent and/or Trade Mark Laws.
Trademark Law is the Law that protects the name, logo, domain name, shape, colour or sound of a business (idea) from unauthorized use. These marks differentiate one business from another. It is called the brand identity of a company or business.
A valid Trademark must not be deceptive. In other words, not similar to an existing Trademark so as to mislead the public; not illegal or immoral. Trademark is actually an asset of the business, as its authorized use could be in return for payment; even by way of franchise to third parties, especially as the business grows and the brand becomes valuable leading to more income for the business. Trademark promotes initiative and enterprise. Trademark protection is enforceable by the courts.
This article belongs to YBA & Co Solicitors. It has been published here on the permission of said consortium.