Written by Jana Doussy, Director at Stegmanns Incorporated.
Have you ever wondered why you believe in the washing powder you use now? Is it because your mother used it OR because it has a good reputation?
Think of it this way:
WHAT MAKES A TRADEMARK STAND OUT?
This is reputation of course!
The reputation of companies and products is built on Intellectual Property Law, in other words: Patents, Copyright, Trademarks and Designs.
Your box OMO (or Surf, or Sunlight, or whatever you use) may be your faithful and chosen washing powder, but it has a reputation and that reputation is built by protecting OMO’s intellectual property rights.
Because it’s laundry day here at Kwikstert, today we look at how much intellectual property rights there are in our bundle of laundry.
Did you know that the washing powder you use is not just washing powder? It consists of a whole formula that can be patented.
What is a Patent?
A patent is essentially a monopolistic right that gives the inventor the right to sell his invention alone – without fear that competition may exploit it. This gives the inventor statutory rights against burglars for 20 years.
The container in which your washing powder comes can also be protected as a design and even as a trademark! Just as your underwear in your bundle of laundry is also likely to be protected as a design and / or trademark.
You can register your design to obtain exclusive rights to use the design and also prevent anyone else from copying, importing or using it.
How many types of designs are there and how long are each protected?
There are two types of designs: an aesthetic design and a functional design.
Aesthetic Design
An aesthetic design is legally protected for 15 years.
Functional Design
A functional design is protected for 10 years.
What is a Trademark?
A trademark is a distinctive word, phrase, name, symbol or design that identifies a product or service. A trademark makes it easy for the public to identify certain goods and services and grants registration to the owners of the trademark. Your trademark is your reputation and if you do not register your trademark and are protected by registration, your reputation may be compromised.
Well, the monkey is out of the sleeve …
If OMO did not register their trademark, other companies would be able to imitate them and OMO would sit on a stick like a monkey and watch thousands of clones of their product being sold and enforcing their rights. The competition would keep them for a monkey! This would have affected their goodwill because their reputation would suffer. If we think about it, we get the monkey convulsion here at Kwikstert!
Protect your Intellectual Property Rights as well as your reputation – avoid washing your dirty laundry in public and instead come for a cup of coffee with our friends at Stegmanns Inc Attorneys to learn more about how to protect your Intellectual Property Rights. You don’t even have to fetch the baboon behind the hill! Please contact jana@stegmanns.co.za
Find out more about Stegmanns Incorporated’s services here.