There are different rules for different types of Intellectual Property rights which can create confusion and, in the worst cases, lead to a loss of rights.

Below is your cheat sheet on what ideas require which level of secrecy.

Trademarks

Trademarks are typically words or logos but can be designs, shapes, slogans, colours, even smells. They are used to indicate a particular brand, product or service.

You do not need to keep your trademark a secret before you register it. Neither is there a period of time after disclosure that you must get a trademark registered. As long as there is not another registered trademark that is so similar that use of your mark would cause confusion, you can register your trademark at any time after its disclosure.

Conclusion trademarks: does not need to be keep secret before registration.

Designs

In some countries including the UK, US and EU, you can disclose your designs within the 12 month period preceding registration. This is not true of every country, for example, Australia, Japan and India only allow for 6 months. In China the situation is worse since you must have kept the design a secret up until registration.

Conclusion designs: better to register the design before disclosure, at the very least within 12 months of disclosure.

Patents

By far the strictest IP right regarding disclosure, a patent application must be filed before any public disclosure of the invention. What’s more, the definition of a public disclosure is very broad.

For example, a lock used on a gate adjoining a public road, a prototype shown to a photographer without any understanding of confidentiality and a poster displayed at a meeting for a period of 2 hours in a public place where passers-by could see it were all deemed to have made the invention available to the public and thus a patent could not be sought.

Conclusion patents: keep it TOP SECRET! Best to file a patent application before any disclosure whatsoever. If disclosure is absolutely necessary, have a solid non-disclosure agreement in place and an understanding of confidentiality.