Processes to Protect IP - continued

Trade Marks have no novelty requirements requiring filing of applications before use. Nevertheless it is advisable to secure as soon as possible the protection of a trade mark by applying for registration. It is not that uncommon for different parties to apply for similar marks for overlapping subject matter, in which case the applicant with the earliest filing date is provided with some advantage.

Occasionally applications may be opposed by third parties seeking to prevent grant or registration. Not all countries provide this option, and some provide for such opposition through the Court as well or instead of through the governing Patent Office. Specific grounds must be relied upon, and suitable evidence provided by the Opponent who must conform to other requirements.

Some types of IP protection do not require formal applications for their registration, though some countries might still provide this option. Copyright is one such form of IP protection, and exists as soon as the work is put into tangible form (as opposed to merely remaining a concept in someone’s head). The use of an unregistered trade mark can also create common law rights which may be applied to protect the owner’s trade mark rights and reputation established through use. Be aware that unregistered forms of IP protection are rarely as strong or effective (particularly for litigation) as registered forms of protection. The extent of any such rights also varies from country to country – Australia effectively provides no copyright protection for industrially applied articles except through design registration.