Intellectual property

by Lauren Brown, JD, MBA

Original ideas are all around us, but there are very few NEW ideas. You have an idea, a

brand, a tagline, and a logo for your business. Now what?

You cannot protect an idea, only the expression or manifestation of that idea. Just

think, if you could protect an idea, there would be no McDonalds or other fast food

restaurants. Why? Because Sonic pre-dates them all. Chew on that!

If you do not protect the expression of your idea, someone else can use it, protect it and

you may not be able to continue using YOUR expression! Protect your expression, or

risk LOSING THE MOST VALUABLE ASSET OF YOUR BUSINESS!

Intellectual property (IP) is a fundamental right in the U.S. It is the key to the success of

all businesses!

Artwork:Pixabay.com

Basically, intellectual property is:

• the creations of the mind or intellect

• used in commerce, and

• an application, right, or registration relating to intellectual property as a way of

protecting your IP

Some examples include inventions, literary and artistic works, designs and symbols,

names and images.

Four of the most common types of intellectual property are trademarks or service

marks, copyrights, patents and trade secrets. We’ll start with trademarks in this article.

A trademark (product) or service mark (service) is a unique mark, word, logo, phrase,

melody or symbol used in commerce. Trademarks (™) and service marks (℠) protect

consumers from confusion about the source of products or services.

Although these have some protection under common law without taking formal steps, it is

better to register your trademark with the U.S. Patent and Trademark Office at

https://www.uspto.gov/.

The registration process is lengthy and can be complicated. Once you successfully register your trademark, you can then use the symbol (®), which provides the greatest protection.

Before you start using the expression of your idea and devoting resources to using the

idea in commerce as a trademark, copyright, patent, or other intellectual property, you

MUST DO YOUR DUE DILIGENCE! You should also see Intellectual Property attorney

to apply for protection as soon as possible and to fully protect your rights.

Lauren Brown is the owner of LRB Global Consulting Services - A Series LLC. This article was originally published in 2019 with permission to reprint.