Intellectual Property Protection for Small Businesses

By: HG.org

Many businesses are borne out of an idea. This idea may establish the foundation of a business and needs to be protected. As the business flourishes, there may be other forms of intellectual property that should be protected to provide for its future. Some ways to help you protect the intellectual property of your small business, including the following:

Create a Brand

One of the first things that you need to establish the legitimacy of your business is to create a brand. To have a protected brand image, you must have a unique and memorable name or symbol that embodies the idea of your business. This may contain a brand name that has a design or logo embedded in it. You have to select a brand name or logo that is unique in your industry. You can register your trademark to prevent it and to be able to have the right to stop others from using it. This step can also help prevent you from infringing on an existing trademark when you search for your own. In an infringement case, the concern is whether there is the potential for brand confusion.

Protect Your Expression

You may create original information as part of running your business. Copyrights protect published works, including books, advertisements and magazine articles. However, it also applies to content on your website, training manuals, photographs and computer software. Once you publish information and make it available to others, you receive an automatic copyright that can last beyond the life of the author. Despite automatic copyright, you may still wish to include copyright notice with your work. If you hire creative people for your business, such as a software developer, photographer or copywrite editor, these creative types will have the automatic ownership in the property that is developed unless there is a contract with the business owner that states otherwise.

Protect Source-Identifying Marks

In addition to protecting your overall brand, it is also important to protect specific marks. If you have a unique design on a product, you can trademark distinctive marketing words, phrases or elements that are identified with your business. These marks should be registered with the federal patent office. You can also register a trade dress if your products or services have a distinctive look and feel. A trademark can arise immediately in a local area where it is commonly used. However, it must be registered to have national protection.

In addition to registering these marks, it is important to protect them. To be able to enforce a trademark, the courts will look at how diligent a company tried to protect their marks.

Protect Your Inventions

If you have invented a product or process, it is vital that you protect your invention. A patent application is the first step to protecting your patent. An intellectual property lawyer can help with this process.

Protect Trade Secrets

Another way to protect your business is to identify trade secrets and to insulate them from people in the business. Only those people who actually need access to client lists, special formulas, secret recipes and similar confidential information should be permitted to have this access. Additionally, these individuals may be required to sign confidentiality agreements that specify certain damages if this information is stolen or misused. This information must actually be secret in order to protect it as a trade secret.

Establish Specific Duties to Protect Your Business

Contracts can provide strong support for intellectual property, even if the intellectual property is not otherwise protected through registration of a patent, trademark or copyright. Contracts define specific parties and their specific duties and obligations regarding this property. The contract may specify a timeframe during which certain information cannot be divulged. Additionally, they may contain provisions regarding liability pertaining to the use or misuse of intellectual property. They may provide for specific duties and penalties if they are not carried out. There may be limited liability or warranties. Contracts only protect the parties who are named in the contract, so additional protections should still be used.

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