9.08 – Marketing: Legal Processes
Marketing operates under legal oversight, just like every other aspect of business. Navigating these legal processes is essential, especially when dealing with intellectual property, patents, and copyrights. Ensuring your business’s unique characteristics are legally protected can preserve and enhance your competitive edge.
Protecting Your Intellectual Property
After investing time, energy, and money in creating unique aspects of your business, it’s crucial to take steps to protect these distinguishing features. Intellectual property (IP) law allows you to own original ideas with commercial value, similar to owning physical property. This ownership not only lets you control and benefit from your innovations but also encourages further creativity
Protecting your IP in the UK may not be sufficient if your business has global appeal. For comprehensive protection, consider securing IP rights in major potential markets. The Intellectual Property Office provides guidance on obtaining worldwide protection for your IP at gov.uk.
Naming Your Business
Choosing a business name that reflects your company’s mission and scope is vital. Ensure the name is legally acceptable and flexible enough to accommodate future expansions. Avoid names that might limit your business growth or mislead customers about your offerings. Detailed information on naming your business can be found at the Companies House website.
A well-designed logo can enhance customer awareness. Logos should be simple, easily recognizable, and versatile enough to be used across various platforms. Legally, a logo is a form of trademark, so consider registering it for protection.
Protecting Patents
Patents provide a monopoly on an invention for up to 20 years, allowing the inventor to manufacture and sell the innovation. Disclosure of your idea in non-confidential circumstances can invalidate your patent application, so it’s essential to use confidentiality agreements or file the application before discussing your invention publicly.
The patent application process can be lengthy and expensive, involving subject matter searches and validity searches. More information on applying for patents is available at the Patent Office website.
Registering a Trademark
Trademarks distinguish the goods of a particular manufacturer or trader. They can be words, logos, or combinations thereof. To qualify for registration, trademarks must be distinctive, non-deceptive, and unique. Registered trademarks use the ® symbol and provide significant legal protection against infringement.
The registration process involves preliminary searches to ensure no conflicting marks exist, followed by an application and fee payment. Trademark registration is valid for ten years and can be renewed indefinitely. More information on trademarks can be found at the Patent Office website.
Controlling a copyright
Copyright protects original artistic and creative works, such as written articles, books, paintings, films, music, and more. Copyright protection requires the use of the © symbol, along with the author’s name and date. Copyright duration varies but generally lasts from 25 to 70 years after the creator’s death. For more information, visit the government website on copyright.
Setting Terms of Trade
Business transactions are governed by terms of trade, which include contractual relationships. Contracts can be written, verbal, or implied, and must include an offer, acceptance, and consideration. The Sale of Goods Act 1979 sets the legal standards for the supply of goods and services, and additional terms should be clearly defined to avoid unintended contracts.
Describing Your Goods
Accurate descriptions of your goods or services are legally required. The Trade Descriptions Act and related legislation make it an offense to falsely describe goods. Ensure that any claims about your products are truthful and can be substantiated. More information is available from the Trading Standards Service.
Dealing with Payment Problems
Collecting payment can sometimes be challenging. The Small Claims Court offers a cost-effective way to resolve disputes and collect money. Alternatively, arbitration provides a quicker, less intimidating process for resolving disputes based on fairness and practicality. Information on arbitration can be found at the Chartered Institute of Arbitrators.
By understanding and navigating these legal processes, you can protect your business interests and ensure compliance with relevant laws and regulations, enhancing your overall business strategy.
