I Own a Dance School. How Can I Protect My Intellectual Property?

George Raptis

• 28 March 2022
• 29 March 2022
• 6 min read

If you operate a dance school, there are a few intellectual property protections you should consider. Namely, registered trade marks can protect the features of your dance school’s brand that distinguish it from other schools. In addition, you should consider copyright protection, and how this affects the music and dance movements you incorporate into your routines. To help clarify both of these intellectual property protections, this article will give you the rundown of trade marks and copyright.

Registered Trade Marks

As mentioned above, a registered trade mark can protect the features of your brand that make it distinguishable. This includes your dance school’s name, logo or slogan. If you successfully register a trade mark with IP Australia, you enjoy the exclusive rights to use your trade mark concerning your services. This means that when a competitor tries to misuse your distinctive trade mark, you can legally prevent them from infringing on your intellectual property rights.

You can widely benefit from registering a trade mark since you:

• can freely market your services using your distinctive brand;
• gain a reputation in the creative industry via brand development; and
• expand your business’ commercial opportunities since you obtain the exclusive right to license and sell your trade mark.

Although Australia’s legal system recognises both registered and unregistered trade marks, trade mark registration provides more certainty when enforcing your rights. This is because IP Australia has recognised the existence of your trade mark and has you registered as the owner of the trade mark. 

However, before registering a trade mark, you should consider the following steps.

1. Conduct a Trade Mark Search

IP Australia is unlikely to accept your trade mark application if it is similar or identical to an existing registered trade mark. Although you may have chosen a unique name for your dance school, there is a chance that someone has registered a trade mark that is similar or identical to your school’s name. For this reason, you must conduct a trade mark search.

A trade mark search is as simple as entering your desired trade mark into the Trade Mark Register. Upon reviewing the search results, you can then decide whether your intended trade mark is one of a kind or requires some alteration. In any event, you should consider getting in touch with an experienced trade mark lawyer when drafting your trade mark application.

2. Selecting the Relevant Trade Mark Classes

When you register a trade mark, you must register it in connection with your services. After all, a registered trade mark can only protect the goods and services that IP Australia has approved in your application. To simplify the process, you can use the Trade Mark picklist. On the picklist, goods and services are classified into 45 different classes, where classes 1 to 34 list goods and 35 to 45 list services.

As the owner of a dance school, the relevant trade mark classes might include:

• class 25, which includes dance clothing and shoes; and
• class 41, which includes dance choreography and dance instruction.

You should note that once you submit your trade mark application to IP Australia, you cannot include additional trade mark classes. If you forget to include a class, you will likely have to submit a new application at your expense. To avoid this, you should ensure that you identify the relevant trade mark classes in your application from the outset.

3. Trade Mark Registration

There are two main application pathways when it comes to trade mark registration. These are a:

• TM Headstart application; and
• standard application.

If you apply for a registered trade mark using a TM Headstart application, you are entitled to a pre-assessment of your application. This is where an expert examiner at IP Australia reviews your application before you formally submit it for IP Australia’s review. This gives you the chance to identify potential issues in your application and make amendments accordingly.

On the other hand, a standard application does not entitle you to a pre-assessment. Rather, you receive a filing date for your application and await formal examination (which can take up to 5 months).

If you are unsure which application pathway is suitable for your circumstances, feel free to contact one of our lawyers.

Copyright Protection

If you create original work, you may prevent others from copying or using your work without permission. This is because copyright law automatically protects the rights of those who create literary, artistic, musical or dramatic works.

However, many dancers are surprised to know that their dance movements, short dance routines and original choreography are not necessarily protected by copyright law. For dance choreography to have copyright protection, it must be recorded somehow, whether by video or in comprehensive dance notation.

In a general sense, performers who contribute to the sounds of a live performance enjoy copyright protection. In this sense, it is arguable that some dancers, like tap dancers, contribute to the sound recordings of a performance. However, most professional dancers fall short of substantive copyright protection for sound.

Additionally, you may enjoy intellectual property protection under the authorised use provisions of the Copyright Act. Under these provisions, you must give someone permission if they want to:

• record your live performance by sound recording or video;
• broadcast or rebroadcast your live performance; and
• create further distribution and use of these recordings.

You should also note that someone does not need your permission if they wish to use the recording for:

• domestic use;
• reporting the news;
• criticism or review;
• scientific research; and
• the purpose of judicial proceedings.

Key Takeaways

When it comes to protecting your dance school’s intellectual property, you should consider:

• protecting your brand by registering a trade mark; and
• recording any choreography in material form, so that it enjoys copyright protection.

If you have further questions concerning your business’ intellectual property, our experienced trade mark lawyers would be happy to assist. Call us on 1300 657 423 or complete the form on this page.

Frequently Asked Questions