If
you've ever developed a new product or formulated a new business idea, you've
most likely grappled with the question of whether you should to protect it
legally in some way. It can be a confusing issue, for sure, and many of
the small business owners and entrepreneurs I meet don't seem to have a solid
grasp of how, why and when to protect their products, or if it's even
necessary.
As soon as you start
taking steps to implement a business or product idea, such as incorporating,
obtaining state or federal licenses, or securing production of a product, you
should identify which aspects of your business and products are protectable
by trademark, copyright, patent, or trade secret.
Each of these types of intellectual property requires different procedures to
protect them from unfair competition and copycats, which is why it is important
to consult a professional. You or your attorney will need to research whether
anyone else already has exclusive rights to the brand names or products you
want to develop. A conflict search should include a thorough search of the U.S.
Patent & Trademark Office’s (“USPTO”) searchable
database,
or for copyrights, the U.S. Copyright Office’s searchable public
catalog.
You
should also search your state’s registries, if they have them. For instance,
Florida has a searchable online trademark registry, but for California state
trademarks, you must call the office of the California Secretary of State and
ask them to conduct a search via phone. A thorough search must also include the
internet and social media, for potentially competing uses that started before
you. Even if they are not registered, they could still have certain rights that
supersede yours.
Source: Forber
0 nhận xét:
Đăng nhận xét