New York SBDC Research Network

If you created something original, you may have a certain degree of protection against someone else using, claiming, modifying, or selling it. In other words, you may have intellectual property. Knowing how to legally protect your creations is essential to retaining ownership of them. In the simplest terms, intellectual property (IP) pertains to things you create with your mind; not the ideas themselves, but the expression of the ideas in some form. A thought or notion that’s been floating around your head may be a great idea for a future product or service, but it isn’t yet intellectual property. There are four common types of IP: Copyrights Patents Trademarks (including design rights) Trade secrets Read more from BPlans.com

Your trademark is your brand identifier. You can trademark anything from sounds to smells to colors to holograms. In essence, your trademark is just another way of referring to your brand... Little things I've learned over the years is that it can take over 12 months to complete the trademark process. According to the USPTO’s 2014 report they now have over 605,000 unexamined trademark applications on file. When you get ready to get your trademark, make sure you look out for these toxic trademark pitfalls: 1. Avoid generic words. More from Entrepreneur .

Branding experts often advise businesses to choose a brand name that describes their product or service — PlumbingMasters, for example, or Gianni’s Pizzeria. From a legal standpoint, however, these kinds of names aren’t likely to receive significant trademark protection under federal law. If you’ve been struggling to land on a brand name, consider these tips to come up with one that’s both memorable and can receive significant trademark protection. Brand names that are clever, memorable, and original have much more robust trademark rights than ones that are simply “descriptive” of the goods or services you provide. Read more from BPlans

What is intellectual property and how do you protect your ideas? This course gives an overview of intellectual properties and explains how to protect them. Learn why you should protect your intellectual property. Explore the differences between patents, trademarks and copyrights and discover the process for filing for a patent or trademark and registering for a copyright. Text-based version of course Intellectual property worsheet for a small business

Intellectual property (IP) is one of the most important components of any business, and yet it is often one of the most neglected. Amidst the furor of innovation and the pressure of day-to-day operations, IP can get lost in the shuffle. But neglecting your IP won’t resolve the issue; in fact, it puts your business at increasing risk every day. So why should entrepreneurs care about IP? IP - Copyright, Patent, and Trademark - is your most valuable asset. More from ASBDC .

In addition to the US Copyright Office and the US Patent and Trademark Office , check out: Intellectual Property Infringement and Other Unfair Acts . Section 337 investigations conducted by the U.S. International Trade Commission most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods A list of Who’s Who in the U.S. Gov’t involved in IP Copyright: Taking the Mystery Out of Copyright (for students and teachers) The Copyright Society of the USA The Stanford Copyright and Fair Use Center Copyright Term and the Public Domain in the United States [Chart] Crash Course in Copyright from the University of Texas Copyright Navigator by Lionel S. Sobel

An interesting discussion on the internal SBDC listserv recently. Some of the info has been redacted for confidentiality reasons. One of our advisors has a service provider client who has been in business for more than 10 years. He recently had a telephone call from a customer complaining about his work. He explained to the customer that he had not done work for her and after further investigation of her receipt she realized that the work was done by another company with a very similar name. Unfortunately both company’s are even located on the same street (different towns). Upon further investigation of the new company my client discovered several dissatisfied customers. He contacted the new business owner who is not willing to change his company name. My client is wondering if anyone has any suggestions on ways to distinguish his company from the other. He is currently in the process of meeting with managers of local home improvement stores to make sure they are aware of the situ...

When starting a new business, you probably want to check service or trademarks, which often is a way that organizations protect their brand, at the USPTO site . Here's a link to a directory of all 50 states' Secretary of State sites , where one incorporates.

Intellectual property, as defined by Wikipedia, is "a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce, including copyrights, trademarks, patents, and related rights." Often times our clients who have created an original product or idea become confused when they want to protect their creation over whether they need to apply for a copyright, trademark, or patent. Below are explanations on the three types of protection and what is protected by each. Copyright is for original works of authorship that are fixed in a tangible form of expression. Copyrights are registered with the United States Copyright Office and have an expiration date. The length of the copyright depends on when the work was first created. Trademark covers words, names, symbols, and devices used to identify goods or services in commerce. Federal regulations are available through the United Stat...

The Library of Congress Business Reference Services has Frequently Asked Business Questions dealing with these topics: 1. Can you tell me if my old stock certificate has any value? 2. What is the cost of living today compared with X years ago? 3. How can I get a sample business plan? 4. How can I get information on foreign exchange rates? 5. Where can I find the history of a company? 6. Where can I find standard industry ratios so I can compare the performance of company X to others in the industry? 7. What are NAICS and SIC codes? 8. Where can I find information on starting a small business? I'm particularly interested in government loans and grants. 9. I am planning to start a new company and want to be sure the name I choose will be unique and protected nationwide.

Josee often tells you about new books added to our collection. Today, I'm going to steal a bit of her thunder (sorry, J!). We recently obtained an electronic version of the book "Web & Software Development: A Legal Guide". It's published by Nolo , a publisher of self-help legal books for people & businesses (and provider of lots of other titles in our collection). I like the books from Nolo, because they're an honest attempt at boiling down complicated legal issues into terminology that's straightforward. A lot of their titles (like this one) are written by practicing attorneys with practical experience in their chosen specialty. We bought this book primarily because of a recurring type of request: Is software patentable? And, if it is, is it worth pursuing? I tried researching this question without this book, and the stuff I found was just dense and likely of little use to the client who needed it. Fortunately, chapter 9 - "Software and Internet ...