Advice and consultancy Other rights: Company names and copyright
Company names
A trade name or company name is the name under which a company operates. The company name is often just a distinguishing part or an abbreviation of the name recorded in the company's articles of association. The right to a company name arises exclusively through the use of that name. A registration of a company with Companies House in the UK merely prevents a company obtaining a registered company name that is substantially identical to your registered company name.
So how can you protect your company name? If your company name is used as a trade mark for your services, trade mark registration is recommended. If you do not register and want to take action against a trade mark which is later than your own, your only option is to go to court over this unlawful act which is often a much more difficult process.
The use of a company name or trade mark which is similar to your company name outside the territory where you operate is also a potential threat. Registration of your company name as a trade mark will allow you to take action against this threat.
Copyright
What can actually be protected by means of copyright? Anything created by the human mind in the field of literature, science or art, in whatever manner or form it is expressed, as long as it is sufficiently original, e.g. photographs and text in brochures, designs, computer programs, slogans and house styles.
Copyright arises automatically through the creation of a work. In the UK no formalities are required and it is not obligatory to include a copyright notice with the © symbol for copyright to exist. The only condition is that the creation is sufficiently original. However, there are some countries where protection only arises from registration with a special registry. You can get expert assistance from us about these formalities, including advice on the necessary documents required in such cases.
An embodiment of an idea can also be protected. This could, for example, be a game, a newly devised service, such as a hairdresser at work or a dog walking service, or an idea for a radio or television programme. An idea in itself cannot be protected by means of copyright, but the embodiment or expression of the idea can be protected. The same applies to styles and trends, for example.
Understanding copyright and using it effectively will enable you to sell your copyright, licence it or gain commercially from exploitation of your work.
Computer code copyright
If you need protection for original computer code, itself a form of copyright, Novagraaf can advise you fully. We can also advise on how and when patents can be filed for computer-operated technologies.
If you would like to know more about the right to a trade name or copyright or if you have any questions about this or any other subject relating to intellectual property, please get in touch using the contact form below or contact one of Novagraaf's attorneys on +44 (0)20 7608 3098.
