Small Business

#

Intellectual Property

*Supplements for specific legal matters can be added at any time when you choose the monthly subscription option only. Supplements are not available on the annual subscription option at this time.

Monthly and annual membership fees paid for the current membership period are non-refundable and the contract remains active until the end of the Eligibility Period.

Affordable Legal Help For Everyday IssuesInfo icon

M
LPUS21;LGLPLUS;LPSP21;LSNESP
LPD2C22
 September 04, 2017

Is Your Intellectual Property Safe?

Co-workers sitting on stairs & laughing while looking at a tablet

Ask yourself, what would happen to your business if a competitor began using your company’s name or began selling a product identical to one that you developed? Could your business survive?

The best way to protect your innovations and creations is through effective enforcement of intellectual property (IP) law. Many small business owners falsely believe IP law is only for large corporations and is not worth their time and money, but no small business can afford to ignore protecting their intellectual property.

Copyright Law

Copyright laws protect the intellectual property of artists, including written text, photographs, paintings, and designs. Copyright law is particularly important to professional photographers, musicians, writers, and other visual artists. Copyright is established when a work is created.

For example, when a photographer takes a picture they immediately hold the copyright of that image, unless the image was taken on behalf of an employer as part of the photographer’s job duties or the photograph was commissioned for another use. In those cases, the copyright is granted to the employer or the individual who commissioned the work, respectively.

The internet has increased greatly the number of copyright violations. Images, videos, and music are often shared with no regard for their copyright.

Trademark or Service Mark

A trademark includes the design, name, words, and phrases used to identify your business and products. A service mark identifies the provider of services, rather than hard goods. Your trademark or service mark constitutes the identity of your business. You are not required to register a trade or service mark, but failing to do so could leave you vulnerable. The United States Patent and Trademark Office (USPTO) website includes resources on Trademark registration for small business owners.

Patent Protection

Because inventors and innovators frequently lack the financial resources to produce or distribute their own inventions, patent law exists to protect those innovations or inventions from reproduction without permission or compensation. Once a patent is registered it becomes a public record and the duration of a patent is limited.

There are several types of patents, including design, plant, and utility patents. The filing process and wait times for patent registration may take a great deal of time. Speak with your LegalShield provider law firm before you begin the process. It is important to make sure you are on the correct path before proceeding. You may also review the USPTO website for additional information.

There Is a LegalShield Plan That Is Right for Your Small Business

LegalShield offers plans that cover your small business legal needs and fits in your budget. Our scalable plans fit companies with 10, 50, or 100 employees or more. We offer easy access to knowledgeable attorneys who practice in your home state. This means you have a lawyer on call who knows local and regional laws and regulations and how they may affect your company. Learn more.

LegalShield provides access to legal services offered by a network of provider law firms to LegalShield members through membership based participation. Neither LegalShield nor its officers, employees, or sales associates directly or indirectly provide legal services, representation or advice. See a plan contract at legalshield.com for specific state of residence for complete terms, coverage, amounts, and conditions. This is not intended to be legal advice. Please contact an attorney for legal advice or assistance.

 

 

Related Content

Smiling small business owner standing outside her Piece of Cake Bakery

Celebrate Small Business Week 2023

At LegalShield, we support entrepreneurs every day, but we’re particularly excited about Small Business Week 2023 from April 30 – May 6. Small business owners and communities across the country are invited to participate in National Small Business Week and support the...

Couple in their kitchen working on their digital real estate business

What is Digital Real Estate & How Does it Work?

Everything you need to know about the wide world of digital real estate Most of us have heard of real estate before. It’s a parcel of land that you can own, as well as the structures and natural resources that come with it. So, what is digital real estate? It is the...

A small business owner stressed while filing his business taxes

How to File Your Own Small Business Taxes

Filing taxes as a small business You are a hard-working business owner. You probably have deadlines to meet, employees to work with, rent to pay, and a hundred other things to think about on a daily basis. Tax season can creep up on even the most detailed business...