Intellectual Property Sets Your Business Apart

7 Steps to Protect Your Intellectual Property

Intellectual property protection should kick in the moment you start your business. It might even start before your business is off the ground.

1. Take Stock

List out your IP assets plus the dates they were first created and/or used. Keep that list someone safe and secure. Once you know what intellectual property you have, you can determine if additional protection is needed and in what form.

Your business likely has trademarks and copyrights even if they aren’t registered. For example, your business name might be a valid trademark, and all the content on your website (so long as it’s original work) is protected by copyright. And if your business has unique inventions, client lists, recipes, or unique processes, those might qualify as trade secrets.

2. Use Contracts

Putting the right contracts in place helps lock down your IP. What information do your employees have access to? What about independent contractors or third-party vendors? By using contracts such as nondisclosure agreements, you encourage those who work with your business to keep sensitive information quiet.

3. Register Trademarks

While trademarks can be valid without registration, registering with the U.S. Patent and Trademark Office has a few big benefits:

• Helps prevent others in your industry from using a similar mark
• Provides a verifiable timeline of trademark use
• Allows you to sue for infringement in federal court
• Offers enforcement against counterfeit goods
• Adds legitimacy to your brand

If you plan to expand your business or operate online, registering your businesses’ most important trademarks—like its name, logo, or slogan—is a valuable way to protect your IP.

4. Identify Copyrights

Unique creations, from photos and videos to written content and songs, are protected by copyright. As a small business, your biggest copyright concerns likely have to do with what appears on your website and social media. One simple fail safe is to put a copyright notice in your website’s footer, so there’s no question that the site’s elements belong to you.

But for anything really important, say a book you’re publishing or an album you just released, consider registering the work with the U.S. Copyright Office. Doing so allows you to sue for infringement at the federal level.

5. Secure Trade Secrets

For a trade secret to keep its value, it needs to remain a secret. This is where contracts come in handy, so that anyone privy to confidential information knows there may be consequences if they share it.

In addition, it’s often best to diversify who holds key information in the first place. (It’s typically easier to withhold details than to try and reel them back in.) If accounting doesn’t need to know the secret ingredient to your regionally famous bread, don’t tell them.

6. Keep Records

Intellectual property is only as valuable as the records that prove its yours. At a minimum, record-keeping should include:

• Important dates. For example, when you started using a trademark, launched a website, or established a unique process.
• Copies of contracts. Relevant agreements might include employment contracts or NDAs.
• Security steps. Record the actions you’ve taken to secure your creative assets.

If something is infringed upon, you’ll have a better chance of finding a legal remedy if you can prove both that the IP is yours, and that you took steps to protect it.

7. Monitor & Follow Up

Most of the time, intellectual property misuse and infringement doesn’t show up at your front door. To identify it, you’ll need to look for it. Some tools can help you do this, such as trademark monitoring software. Creating a solid brand community can also help, as loyal customers may alert you to copycat social media accounts or products.

Then, once infringement or misuse is identified, you’ll need to try and end it. Reaching out directly can be a good first step, depending on the severity. As always, keep records of your efforts. Should legal action be necessary, you’ll want evidence of your attempts to contact the offending party.

Is online content up for grabs?

Most of what you see online is protected by copyright. So unless stated otherwise, it’s unlikely that you can legally use it for your own purposes without permission from the copyright holder. Some online content has a Creative Commons License that makes it usable, but it might come with caveats. Before using another’s content for your own purposes, always read the fine print and get permission as needed.

Can I license my Intellectual property to Others?

If you want your IP to reach a larger audience, but you want to maintain ownership and control, you can license its use. This can be relevant in a variety of situations, such as if you built software for consumers to use, have a library of images that would make good stock photos, or wrote a poem that someone would like to feature in an anthology.

Licensing agreements come in all shapes and sizes, and you’ll likely want a lawyer to help ensure you’re adequately protected on this front.

What if someone misuses my intellectual property?

You are responsible for monitoring your own intellectual property. If it’s misused or infringed upon, it’s also your responsibility to take action to try and stop it. In some cases, like with federal trademarks, your rights can even diminish if you don’t take action against misuse.

So what does action look like? Every situation is different, and the best path forward varies, too. But you might start by contacting the offending party directly to make your request. If that doesn’t work, consider sending a cease and desist letter. From there, the next step depends on the severity and the type of infringement in question.

For example, some trademark claims can be submitted to the Trademark Trial and Appeal Board. Or if someone violates an NDA, you might sue for breach of contract.

When should I send a cease and desist?

If you discover intellectual property infringement or misuse, sending a cease and desist letter is a standard response. The C&D formally requests that specific actions be stopped. Broadly, the letter identifies the parties involved, behavior in question, actions to take, and next steps if the actions aren’t taken.

Sometimes it makes sense to reach out to the party before sending a cease and desist. But in other instances, sending the C&D is a better first step. An attorney can help you determine where to begin.