Entrepreneurs run this country. They turn innovative ideas into successful businesses that provide people with entertainment, important products or services, and even jobs. In order to ensure that this business will succeed, it requires careful planning and protection. You can secure your intellectual property (IP) and protect your creativity from infringement with a comprehensive legal strategy. There’s no better way to start your business than to invest in its creative potential.
Trademark Search
The first step in protecting your business is by doing a thorough trademark search. You can do this on your own or work with your IP attorney to make sure your brand elements, like business names, logos, or slogans, don’t conflict with an existing trademark. If your desired trademark isn’t already in use, you minimize the risk of legal conflicts down the road. Registering your trademark grants you exclusive rights to use it in connection with your business. Don’t get too discouraged if someone is using a trademark similar to yours. If your industries or customer bases are different enough, there’s probably enough room for both of you in the world of trademarks.
Select the Right Business Formation
Choosing the appropriate business entity is going to be the foundation of your legal protection. There are several to choose from, and each has different requirements depending on your state. Limited liability companies (LLCs) and corporations are commonly chosen for their liability protection, which separates personal assets from business debts and obligations. This can protect your personal assets from any potential legal issues within the company.
No matter what entity you choose, you need a rock-solid operating agreement or shareholder agreement to protect your assets within the company and your best interests. These agreements outline the ownership and management structure, decision-making process, and the treatment of intellectual property. Your ideas will be protected from competitors and give a clear framework for handling IP if the company dissolves or a founding partner decides to move. No one will be able to just take your company’s IP for themselves somewhere else.
Protect Intellectual Property with Service Agreements
If your business is going to be working with contractors, employees, or consultants who are providing services for your company, you’re going to need a service agreement. A well-drafted service agreement will help protect your IP. It needs to include clauses that establish the ownership of any IP created during the collaboration so they can’t keep it for themselves. For example, if you contract a graphic designer to make your brand style guide, they agree that the end result will exclusively belong to your company. They can’t take that creative work and sell it to someone else.
File for Copyrights
Depending on the industry your business will be operating in, you may need to register copyrights for an added layer of protection. Copyrights safeguard creative works like software, novels, and artistic creations. Although copyrights take effect during the work’s conception, getting it officially registered is going to strengthen your case in case you need to take legal action, or someone takes legal action against your company. Before applying for copyrights, you might need to work with your IP attorney to make sure it qualifies for protection and make sure your application is processed correctly. The world is a tough place for new businesses, but protecting your innovations is going to lay the groundwork for your long-term success. Shield your brand identity and creative works from infringement and maintain its market value. The office of Tonia Robinson Law, P.C. provides transparent consultation pricing and online scheduling. You can also contact us by phone at (415) 450-7663. We’re excited to help your entrepreneurial dream come to life!
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