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Does Trademarks need to be registered to sell in foreign countries? I know copyright is automatic, what about trade secrets?
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smrtgi19: Does Trademarks need to be registered to sell in foreign countries? I know copyright is automatic, what about trade secrets?
Huh? Nothing is automatic, you need to register any new thing through the official channel to have any control over it.
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smrtgi19: Does Trademarks need to be registered to sell in foreign countries? I know copyright is automatic, what about trade secrets?
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nightcraw1er.488: Huh? Nothing is automatic, you need to register any new thing through the official channel to have any control over it.
I know very little about trademarks, but I do know that creators automatically receive copyright protection for all created (tangible) works. Some countries even extend that protection to intangible works.
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nightcraw1er.488: Huh? Nothing is automatic, you need to register any new thing through the official channel to have any control over it.
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Flaose: I know very little about trademarks, but I do know that creators automatically receive copyright protection for all created (tangible) works. Some countries even extend that protection to intangible works.
Really, so how do they know that that one person created something? I mean if X tells Y about his invention, and then both X and Y go to the office, which one does it go to?
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Flaose: I know very little about trademarks, but I do know that creators automatically receive copyright protection for all created (tangible) works. Some countries even extend that protection to intangible works.
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nightcraw1er.488: Really, so how do they know that that one person created something? I mean if X tells Y about his invention, and then both X and Y go to the office, which one does it go to?
With regard to copyright, you don't need to register anything anywhere, although it is possible to do so. All you need is verifiable proof that you own the copyright to something. One of the old methods is the sealed, self-addressed envelope thing, sent through the post and left unopened until you need to prove an idea, should anyone you've introduced it to try to pass it off as their own.
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nightcraw1er.488: Really, so how do they know that that one person created something? I mean if X tells Y about his invention, and then both X and Y go to the office, which one does it go to?
Patents are a different (and deeply fucked up) matter altogether. As for copyright, the creator generally tends to have some sort of proof of being the creator (especially in the digital age). Who came first is (by comparison) rarely a big topic in legal battles over copyright claims, it's typically about whether the alleged copy is indeed a copy, how much was plagiarised and whether the work in question actually is protected by copyright law.
Post edited May 25, 2016 by F4LL0UT
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smrtgi19: Does Trademarks need to be registered to sell in foreign countries? I know copyright is automatic, what about trade secrets?
I can't help but feel something's being set up here. However I'll bite with my 2 pence of knowledge I'm gleaned from my friend that does know about this stuff...

You've got your "tm" trademark, that you can just about slap on anything. That means you're claiming that's your trademark, it's not a right, but the more you say that's your trademark then the more it is useful. That's why companies defend their trademark so harshly. Hoover lost theirs, because now everyone calls it a hoover.

Then you've got your "@r" trademark, that is officially signed off. To get those you go through processes to ensure you're not infringing on other trademarks, and generally have to jump through hoops. These are easier to defend, but still not concrete.

Both can be defended in court, you're much better if you have an @r, but your "tm" that you've been slapping on stuff might also be defensible if it's recognised.

I'm not a lawyer, this is my take on it from what I heard.
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wpegg:
Don't think your ® came out quite right (in case anyone doesn't recognize @r) :-)
In the UK copyright is automatic, assuming you can prove you did it first. But copyright is mostly applicable to artistic endeavours as I understand it (writing, music, art etc.)
For something more tangible you might need a patent, which costs money (as far as I know, never really had cause to look into it) and might cover things like the design of a new household appliance or computer component (or medicines which I believe are patented or licensed too). I could be wrong, but I think patents are generally limited by time (so you might have sole right to make your new invention for X years, but after that anyone can do it) and much shorter periods than copyright.

A trademark (in the UK) has to be registered (and again, paid for) and is usually something like a brand name (Coca Cola or Nintendo) or sometimes a marketing slogan (Nike's 'Just Do It').


Edit: And as for the OPs actual question, you don't need a trademark for anything. Though I think you may be looking for something more in the realms of a patent, and as for whether you need to have an idea patented in multiple countries when selling I don't really know (though I vaguely recall seeing things like 'Patent No XYZ in USA' on items)
Post edited May 25, 2016 by adaliabooks
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adaliabooks: [snip]

A trademark (in the UK) has to be registered (and again, paid for) and is usually something like a brand name (Coca Cola or Nintendo) or sometimes a marketing slogan (Nike's 'Just Do It').
No, it doesn't, but you have a better legal standing if it is.

https://www.gov.uk/how-to-register-a-trade-mark/unregistered-trade-marks
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blakstar: No, it doesn't, but you have a better legal standing if it is.

https://www.gov.uk/how-to-register-a-trade-mark/unregistered-trade-marks
Hmm, fair enough. I didn't know that.