If you are a business owner, you may assume that you know every business asset in your possession. However, you may have overlooked certain pieces of intellectual property, being that they are intangible assets. Nevertheless, they are valuable assets that you must do everything in your power to safeguard, for the sake of your business and its competitive edge in the market. Continue reading to learn what types of intellectual property you must protect and how an experienced Essex County, New Jersey intellectual property lawyer at The Ingber Law Firm can help you execute this.
What types of intellectual property must I protect?
To reiterate, you cannot assume that you hold the exclusive right to use a piece of intellectual property simply because you believe you originally created it. This is because, if your ownership is not officially recognized by United States law, any competitor may seize the opportunity. Without further ado, you must register your original work for certain protections if it falls under any of the following categories:
- Trademark protection:
- A color that can be associated with your business.
- A slogan that can be associated with your business.
- A word or letter that can be associated with your business.
- A number or a series of numbers that can be associated with your business.
- A pictorial scene, smell, or sound that can be associated with your business.
- A type of packaging or product configuration that can be associated with your business.
- Copyright protection:
- A literary work.
- A musical work.
- A dramatic work.
- An audiovisual work.
- An architectural work.
- An original sound recording.
- A pictorial, graphic, or sculptural work.
- Any derivatives of your original works.
- Any complications of your original works.
What do I need to do to protect my rights?
You must understand that the United States is a country that follows a first-to-file system. Meaning that it does not matter if you were the first person to invent or use an original work. Rather, what matters is that you were the first person to file an intellectual property application to claim ownership over it. With that being said, it is in your best interest to file for trademark or copyright protection with the United States Patent and Trademark Office or the United States Copyright Office, respectively, as soon as possible.
In addition, it is worth considering filing for such protection in other countries in which you conduct your business. You should even do so even if you are only anticipating working with these countries in the future. What’s more, this should be regardless of whether these countries follow free trade agreements with the United States.
Even if you are only considering applying for protection, it is best that you consult with a skilled Essex County, New Jersey intellectual property lawyer first. So please contact us at The Ingber Law Firm today.
