Frequently Asked Questions ?FAQ are frequently asked questions which may or may not answer all of the questions you have.
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What is a patent? What is a patent? A patent is legal protection granted to an invention - that being a product, manufacturing process, business methodology, or computer program. Patent protection must be sought on a country-by-country basis. Unfortunately ideas, without more information, cannot be patented. What is a trademark? A trademark is any word, logo, smell sound or colour which indicates the trade origin of goods or services. A trademark distinguishes the goods and services of one company from another company with similar goods and services - assisting in the creation of goodwill and marketplace recognition of the business and of the products/services that they market. What is copyright? Copyright is the legal protection for the original expression of ideas, in the form of literary works, artistic works, musical works, dramatic works, sound recordings, films, television broadcasts and radio broadcasts. This includes computer programs (which are considered literary works) and blueprints (which are considered artistic works). As with patents, there is no copyright protection of an idea except in how it is expressed. What is an industrial design? Industrial design refers to the pattern, shape, ornamentation or configuration (ie the appearance) of mass produced products. These can be registered in the same way as a patent, with similar legal protections to a patent and similar registration processes.
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What is a trade secret? Trade secrets are any information (including experimental methods, computer software, formulae, ideas, prototypes, processes, recipes, drawings, specifications, customer lists, business strategies and sales/marketing information) that is not known to a businesses competitors which provides the business with a competitive advantage and is treated in a way to protect the public or competitors from learning about it. It is the relationship of confidence between the information owner and the recipient which receives legal protection, not the information itself. As such, it remains of value only while it remains a secret. I have my name registered as a business name - am I fully covered? Does a business name registration give me ownership of that name? Does a business name registration give me the right to use that name, or the right to prevent others from using that name? Why should I bother to register my business name? The state government requires anyone who intends to trade under a name other than their own name to register that name with the Office of Fair Trading as a matter of public notice and public information. To not register such a name is against the law and is an offense. Registering a business name is an obligation imposed on you by law, however it gives you no rights, similar to paying tax. How do I protect my name from use by others? The most effective way of doing so is by getting a federally registered trademark, which gives you registered ownership rights. This gives you the right to use the trademark for the goods/services for which it is registered, and also the right to use legal action to prevent others from using the same or similar trademarks for the goods or services for which your trademark is registered. For more information, or to ask TradeMarks Australia™ another question, email info@trademarksaustralia.com.au.
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