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
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