This is the first of two articles focusing on intellectual property issues in your business. Part 1 will address issues related to starting a business, and Part 2 will address issues related to running your business.
I have previously written about the basics of starting a business. When starting a business, selecting a name, logo, and domain name is crucial for branding and marketing. However, it's equally important to ensure that these elements do not infringe on existing intellectual property (IP) and can be protected. Here, I provide a checklist for new business owners regarding intellectual property concerns. Use this checklist to guide your decisions and help safeguard your business's IP. Contact the Dohrwardt Law Firm to discuss your new business and how the firm can help you get started.
Business Name
- Conduct a Trademark Search: Search the U.S. Patent and Trademark Office (USPTO) database or other relevant trademark registries to ensure the name isn't already trademarked or too similar to existing trademarks. Consider professional help for a comprehensive search.
- Check State Business Registries: Verify that your business name still needs to be registered by another entity in the state(s) where you plan to operate.
- Check for Domain Name Availability: Ensure your website's desired business name is available as a domain name. Try to secure a “.com” version for professionalism and customer trust.
- Perform a Web Search: Conduct a general online search to identify other businesses, products, or services using similar names, which could lead to potential IP conflicts.
- Assess for Descriptiveness: Avoid overly descriptive or generic names, as these are harder to trademark. Opt for unique, distinctive names that can be registered and protected.
- Plan for Expansion: Consider if the name could limit your future offerings or expansion into other markets.
- File for a Trademark: Once you've verified the name's availability and uniqueness, file for a trademark with the USPTO (or equivalent office in your jurisdiction) to protect your business name.
Logo
- Verify Originality: Ensure that the logo is an original design created by you or a hired designer and is not copied or heavily inspired by other existing logos.
- Check Trademark Registries: Search trademark databases (e.g., USPTO) for logos that may be similar to the one you intend to use, particularly those in the same industry or market.
- Conduct an Internet Search: Use reverse image search tools like Google Images to check if a similar logo design exists elsewhere.
- Sign Ownership Agreements: If a freelancer or an external agency designs the logo, have a written agreement that assigns ownership of the logo to your business.
- Consider Logo Elements: Ensure the logo doesn't contain generic symbols or familiar imagery that may not be eligible for trademark protection. Strive for a unique design that represents your brand.
- File for a Trademark: Once confirmed as unique, file for trademark protection for the logo to prevent unauthorized use by others.
- Maintain Documentation: Keep records of the logo's creation, including drafts, design notes, and communication with the designer, to establish a timeline of originality and ownership if needed.
Domain Name
- Check Domain Availability: Use domain registrars (e.g., GoDaddy, Namecheap) to verify that the desired domain name is available. Secure a “.com” version for a more professional and trustworthy online presence.
- Avoid Trademark Infringement: Ensure the domain name does not infringe on existing trademarks. This is especially important if the domain contains a trademarked business name or product.
- Register Variations: Register domain name variations (e.g., common misspellings, “.net” versions) to prevent cybersquatting and protect your brand.
- Secure Social Media Handles: Check the business name's or logo's availability on major social media platforms to maintain a consistent brand identity across online channels.
- Consider Future Expansion: Choose a flexible domain name that can accommodate future business growth or diversification of products/services.
- Register the Domain: Once you have confirmed its availability and absence of conflicts, register the domain name promptly. Opt for a multi-year registration to ensure long-term ownership.
General IP Concerns
- Monitor Usage: Set up monitoring alerts for your business name, logo, and domain to identify unauthorized use or potential IP infringement by others.
- Prepare NDAs: Use non-disclosure agreements (NDAs) when discussing branding elements (e.g., name, logo) with third parties, such as designers or marketers, to protect your IP before it is officially launched.
- Consult an IP Attorney: Consult an intellectual property attorney to review your name, logo, and domain selection for potential legal issues and assist with trademark registration.
- Create a Comprehensive IP Strategy: Develop a plan for enforcing your IP rights if infringement occurs, including monitoring, sending cease-and-desist letters, and taking legal action if necessary.
Spending a little time on these matters now can save you time and money later. Please contact the Dohrwardt Law Firm to discuss your new business and how the firm can help you get started.
The information provided is only for general information and is not meant to be legal advice. Information on this website, including third-party links, may not include the most up-to-date information, so you should contact your attorney to discuss your particular matter. Third-party links are provided for convenience only and are not an endorsement by the Dohrwardt Law Firm.
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