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Every business encounters intellectual property (IP) — through a trade name, a logo, a brand, texts, software, or an invention. Anyone who ignores this risks infringing upon the rights of others or leaving their own value unprotected.
IE starts with your name
It starts with your trade name: it enjoys protection through trade name law, but you cannot simply choose a name that is too similar to that of another. The same applies to brand names of your products or services, which you can protect with a trademark registration.
The various IP rights
IP is a collective term. The most important rights are trademark law (for names and logos), copyright law (for texts, designs, photos, and software), trade name law (for your company name), and patent law (for technical inventions). Which law applies depends on what you are protecting.
Protect your own IP
Register your trademark where necessary, stipulate that the copyright to the work of employees and freelancers rests with you, and make confidentiality agreements. This prevents others from running off with your name, design, or invention.
Do not infringe upon that of another
Conversely, you must be careful not to commit an infringement yourself: do not use another person's trademark, name, text, or image without permission. Check the availability of a name or trademark in advance and arrange licenses for anything you use from others.
Frequently Asked Questions
Does my small business also have to do with IP?
Yes. IP rights apply to your trade name, logo, and website as well. Protection and the avoidance of infringement are relevant for every business.
Do I need to register my trademark?
For strong protection, yes: without registration, your trademark protection is limited. A trade name arises through use, a trademark right through registration.
Can I use a name that already exists?
Not if it is too similar to an existing trade name or a registered trademark and confusion could arise. Check this in advance.
Protect your intellectual property?
Our legal experts assist with trademark registration, IP transfer, and licensing. View our IP, trademark, or copyrightteam, or schedule a free consultation.
