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Protect your intellectual property, Amicus urges businesses

Amicus Law Chambers has added intellectual property (IP) services to its areas of practice.

Amicus, which opened its doors in 2009, also provides civil and commercial litigation and family law in addition to real estate law, and has recently incorporated as Amicus Law Chambers Ltd. It is part of the Amicus Group, which includes Amicus Corporate Services Ltd, and Amicus Debt Recovery Ltd.

Amicus will host its first walk-in intellectual property (WI-IP) day on Friday, January 31 to introduce the service to clients.

The firm’s intellectual property manager Nina Webb explained that she came up with the idea.

She said: “I have grown tired of explaining to friends and family that intellectual property does not entail the selling of houses, and now more than ever, I am determined to educate people.”

Ms Webb explained that according to the World Intellectual Property Office: “Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.”

She said: “In my years of working in intellectual property I have experienced IP from both sides of the fence. I have been an IP Examiner with the Bermuda Government Intellectual Property Office and an IP Manager in the private sector. I now specialise in the application, registration, renewal as well as maintenance of IP (trademarks, designs, patents and copyright).”

Ms Webb believes that many local businesses are not aware of the advantages and legal protection afforded to holders of registered trade marks, and feels this needs to change. “The ratio of Bermudian-owned businesses that register their companies, but do not register their trade marks is disheartening.

“Bermuda continues to experience an influx of new local businesses each year, despite the economy. The harsh truth is that despite our creative infusion of brands on the Island, relatively the Bermuda Intellectual Property office receives more applications for the registration of internationally owned trademarks than local.”

She said that registration of one’s intellectual property is vital in protecting the quality of the product and/or services that your brand encompasses. The Chamber’s director and founding attorney Jaymo Durham said: “Your hard work, sweat and creativity went into designing your brand. This is known to your customers who recognise your brand for its distinctiveness and its quality. The last thing that any business owner wants is for someone else to benefit from the brand recognition they have worked for and earned. This is why it is essential to register your trademark as a means of protecting your business.”

Ms Webb added: “The best defence from infringers is to have a registered trademark. Many people believe that using your unregistered trademark for a long time guarantees protection from infringers. While use of your mark may provide some protection, you do not have the full protection of the law on your side. Protection of your mark is best with a registration with the Bermuda Intellectual Property Office.”

She said that in the US or the UK, one assumes that a mark should be registered, as those are much larger marketplaces. “Most local brands are conceived with local aspects and consumer habits in mind. It makes sense that a local brand would more likely incur infringement locally, as the mark would be used by people that have been exposed to the same culture and innovation pools targeting the same market.

“Registration in other jurisdictions should also be sought, especially if you wish to market your goods and/or services internationally — a service that Amicus also offers to clients.”

She added: “Registration of trademarks can be initiated by individual applicants; however, in order to receive a thorough understanding of the benefits of trademark registration, building quality in your brand or even how to register a trademark, you are encouraged to attend Amicus Law Chambers Ltd.’ s WI-IP day.

“Clients will be able to come and sit with me for private sessions to discuss their trademark questions and get assistance with their trademark applications. My aim for our walk-in day is that clients can walk away more knowledgeable about their own trademarks and how registering their trademarks can benefit their businesses.”

Amicus Law Chambers Ltd’s WI-IP day takes place on Friday, January 31, at Suite 206, Commerce Building, 54 Reid Street in Hamilton.

Contact information: website amicuslaw.bm, telephone 292-2308, or e-mail ip-admin@amicuslaw.bm