Protecting your intellectual property: 15 legal tips & resources
Protecting intellectual property is crucial for businesses and creators alike. This article presents essential legal tips and resources, drawing from the expertise of seasoned professionals in the field. Discover practical strategies to safeguard your creative work and business identity effectively.
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- Seek Expert Help Early for IP Protection
- Research Thoroughly Before Choosing a Brand Name
- Document and Register Your Creative Work
- Maintain Detailed Records of Your Creative Process
- Develop a Strategic Approach to IP Protection
- Register Early and Consult Professionals
- Invest in Legal Advice for Custom IP
- Secure Ownership Rights Before Work Begins
- Act Quickly to Protect Your Business Identity
- Trademark Early to Secure Your Brand
- Create a Defensible Chain of Creation
- Consult Specialized IP Attorneys Early
- Register Trademarks Before Market Launch
- File Patent Applications Promptly
- Define Your IP Before Developing Protection Strategies
Seek Expert Help Early for IP Protection
One legal tip I recommend to those seeking to protect their intellectual property (“IP”) is to seek out help from the outset to be as knowledgeable as possible moving forward. For example, many people use the terms “copyright” and “trademark” interchangeably. Therefore, knowing which form of IP you need from the beginning should save you time moving forward.
Though still in its infancy, using a generative artificial intelligence engine (“Gen AI”) is becoming a good first step to educating oneself. If you do start with Gen AI, I recommend using more than one. The reason for using more than one is to help avoid AI hallucination. AI hallucination is the phenomenon where AI systems, particularly large language models, generate incorrect, fabricated, or misleading information while presenting it as factual. Using Gen AI may help educate you so that when you work with an IP attorney, you can be more succinct in getting your needs addressed.
The next step, or if not comfortable with Gen AI the first step, is scheduling a preliminary consultation with an IP attorney. Remember, not all IP attorneys are created equal. Research those you are considering. If you know exactly what type of IP protection you may need, then seek out attorneys with experience in that area of IP. As you investigate IP attorneys, realize that not all IP attorneys are knowledgeable across all areas of IP law. This is important because although you may believe you need a trademark, if discussing with a knowledgeable IP attorney who is well-versed in all areas of IP law, that IP attorney may present you with a strategy that involves other forms of IP protection as well, such as, but not limited to, a discussion about copyright considerations, patent considerations, and trade secret considerations.
Another factor to consider is the fee the IP attorney charges for the initial meeting. Based on your evaluation of the IP attorney and if they charge a fee, they may still be worth considering. My point is if you have no one you trust providing you recommendations, try to interview a few to find one you feel comfortable with.
Ultimately, you want the best competitive advantage possible, and your IP (intangible assets) not only provides you with such a business advantage. Furthermore, your IP will also likely increase the monetary value of your company. As you pursue this endeavor, you ultimately need an IP attorney who is working in your best interest to make this happen.
Terry M Sanks, Managing Partner, Beusse Sanks, PLLC
Research Thoroughly Before Choosing a Brand Name
Look before you leap! Establishing your brand should start before you take the plunge.
As business owners, there is immense pride in bringing a concept to life. Choosing the right name to embody your business is an emotional endeavor. It’s understandable that you’ll form an attachment to the name you choose. It’s like naming your firstborn — it’s perfect — or so you think. If you come up with a brilliant name, chances are someone has thought of it before you. The only way to know what’s out there is to do your homework — and you can get a head start. Fire up Google, ChatGPT, Microsoft Bing (is this still relevant?) and type the name into the search bar.
Recently, a client reached out to me to obtain a trademark for his new restaurant bar concept. The floor plan was beautiful, with custom furnishings being manufactured as we spoke. The only problem was that when I conducted a legal search on the USPTO database, an exact match was found. The owner was a high-profile celebrity chef with plans to pour tremendous resources into growing this brand name.
And so, I had to tell my client his baby was ugly. That’s what lawyers do. I added value by informing him of what was already in the water before he jumped in, potentially saving him valuable time and a small fortune. In short, don’t fall in love with the first brand name you come up with. Make a plan B (or take it from a trademark lawyer — expand it through Z).
Eric S. Yu, Attorney, Quadros Migl & Crosby, PLLC
Document and Register Your Creative Work
One of the most important and easiest steps you can take to protect your intellectual property is to document everything. From the moment your idea takes form, keep a detailed, time-stamped record of drafts, concepts, and versions. This is often your first line of defense if someone ever challenges your ownership.
However, documentation alone may not be sufficient. If you’re creating something original and valuable, you should explore formal protections such as copyrights or trademarks. A great place to start is the U.S. Patent and Trademark Office (USPTO) for trademarks or copyright.gov for creative works. Both offer useful tools and filing options.
For tailored legal guidance, it’s best to avoid generic online templates. Instead, consult an intellectual property attorney. You can find vetted professionals through services like LegalZoom, Avvo, or your local Small Business Development Center (SBDC), many of which offer free legal consultations. We’ve also had positive experiences working with Wilson Elser.
In creative industries like mine — video production and marketing — it’s crucial to understand where your ownership begins and ends. When in doubt, document it, register it, and seek legal counsel before someone else profits from your work.
Dave Perlman, Owner, Horizon Visual Media
Maintain Detailed Records of Your Creative Process
The most neglected legal tip you’ll find in a lot of advice on protecting your intellectual property is to document your process from the very beginning. Whether those are design drafts, iterations of logos, or writing content, you should maintain a clear record of it all with a timestamp. This evidence can bolster your case if someone copies your work, but it also can help prove that you’ve made original contributions to the dispute.
I learned this lesson the hard way when we noticed a competitor who had copied some elements of our site branding. We had day-by-day documents — everything from sketches to our Slack conversations — and they were all organized and dated, which allowed us to enforce our rights very quickly.
If you’re not quite sure where to start with a trademark and copyright, I would recommend reaching out to a local Small Business Development Center (SBDC); these centers often offer free legal clinics, and they may be able to connect you with a lawyer who is directly familiar with IP law. For any federal protection in the U.S., you should start with USPTO.gov for a trademark and copyright.gov for creative works.
More than anything, don’t assume that your work is automatically safe! IP protection is not only for large companies and startup founders; it’s what small businesses do to stay original as well as defendable.
Alex Alexakis, Founder, Pixel Chefs
Develop a Strategic Approach to IP Protection
Don’t start with filing applications — start with a strategy. In some cases, registration is essential, for example, launching a game on international platforms, selling on Amazon or other marketplaces, working with a franchise, producing merchandise, or integrating into film and advertising. In other cases, early registration adds little value and can drain resources better invested elsewhere. The key is to understand where your business is heading and protect the assets that matter most right now.
Seek out an IP lawyer or firm that looks beyond the paperwork. A good advisor will first ask, “Why do you need this at all?” and only then propose a plan that aligns with your commercial goals. For high-impact industries like media, IT, and gaming, this often means combining registration with contractual and operational safeguards so your rights remain enforceable across markets.
Polina Varfolomeeva, CEO & Founder, Ation Law
Register Early and Consult Professionals
One of the most important legal tips I can offer for protecting your intellectual property is this: document everything and register early. Whether it’s your logo, course content, podcast name, or brand design — keeping a clear record of creation dates and securing the proper trademarks or copyrights can save you a lot of headache (and heartache) down the road.
As someone with a Bachelor’s in Multimedia Design & Development and the founder of a Christian-led design and marketing agency, I’ve seen how easily creators overlook legal protection while pouring their heart into their work. But your creativity deserves to be guarded just as much as it deserves to be shared.
If you’re unsure about the legal steps, start by visiting www.uspto.gov for trademarks or www.copyright.gov for copyrights — both are official government resources with clear guidance.
And for personalized legal advice, it’s worth reaching out to an intellectual property attorney in your state. Some local Small Business Development Centers (SBDCs) or legal aid clinics even offer free or low-cost consultations to creatives and small business owners.
You don’t have to figure it out alone — but you do have to take that first step to protect what you’ve built.
Gina Stockdall, Nonprofit Marketing CEO, Marilyn Jeanne Designs, LLC
Invest in Legal Advice for Custom IP
One legal tip for protecting your intellectual property is to seek professional legal advice early. Investing in an hour or two of an intellectual property lawyer’s time can save you considerable trouble in the future.
As a divorce lawyer, I have developed several unique, custom calculators on my website that assist users in estimating child support, alimony, and division of assets under Massachusetts law. Since these tools are my intellectual property, I wanted to ensure they were adequately protected.
I scheduled a two-hour consultation with an intellectual property attorney to understand how copyright law applies to the combination of code, legal logic, and user interface design. Based on this advice, I took the following steps:
1. Registered key portions of the calculators with the U.S. Copyright Office
2. Added copyright notices
3. Updated my website’s terms of use to clearly state that copying or reproducing the tools is prohibited
The lawyer also advised me to consult the USPTO and Copyright Office websites for details about online content protection.
This legal guidance enabled me to take specific, concrete steps to safeguard my work. When someone later copied one of my calculators, I was able to issue a takedown request with confidence.
Julia Rueschemeyer, Attorney, Attorney Julia Rueschemeyer Divorce Mediation
Secure Ownership Rights Before Work Begins
The most overlooked move in protecting intellectual property is documenting the chain of ownership before any work even starts. A trademark application or copyright filing is worthless if the person who made the logo or wrote the content still technically owns it. If you sign one missing clause in a vendor or employee agreement, suddenly your business name, tagline, or product design is theirs. A five-line “work for hire” clause added to a $500 design contract can save you from a $50,000 lawsuit. The devil is in the details, and that little sentence is often the only thing standing between your brand and a legal migraine. Think of it as locking the door before you buy the alarm system.
For legal advice, skip the random internet searches and go straight to a business attorney who specializes in intellectual property. The American Bar Association directory and your local state bar can connect you to vetted IP attorneys in under 10 minutes. You might as well talk to someone who does this every day, knows the forms, and will not miss the one box that keeps you protected. All that to say, do not wait for a legal threat to take this seriously; by then, the fix is expensive and slow.
Guillermo Triana, Founder and CEO, PEO-Marketplace.com
Act Quickly to Protect Your Business Identity
It’s a great idea to protect your intellectual property by documenting and registering it right away. Don’t put it off until your business grows. One of my clients learned this the hard way; they didn’t trademark their product name to save costs. Later, a competitor used a very similar name, and the fight to get it back cost them ten times what it would have cost to register the trademark in the first place.
For questions about copyright and trademarks, the U.S. Patent and Trademark Office (USPTO) website is a good starting point. Many small businesses also find it useful to talk to local Small Business Development Centers (SBDCs) or legal aid clinics for affordable IP advice. And for issues that are more involved, getting help from an intellectual property lawyer, even for a short consultation, can save you a lot of trouble down the road.
Dr. Felix Lucian, Founder, Felix Happich Consultancy
Trademark Early to Secure Your Brand
The smartest move I ever made for protecting my business identity was trademarking the company name before we grew too large. It cost approximately $350 in filing fees and a couple of hours with a local business attorney, but now I can prevent anyone from using our name in any state. This means no competitor can capitalize on our reputation or confuse customers into calling them instead. The devil is in the details, and paperwork like that is what keeps your name secured. In reality, a trademark is like locking the front door of your business — do it before trouble arises.
For legal advice on copyright or trademark issues, I advise small business owners to start with a local attorney who specializes in business law. Pay for one hour of their time, even if it costs $250, and get clear answers before you make a mistake that could cost thousands later. Some states have small business development centers that can connect you with free legal clinics, which is a smart option if you are just starting out. The key is to make it official and do it early.
Aaron Jakel, Founder, Bubblegum Roofing
Create a Defensible Chain of Creation
Across multiple startups, I’ve learned that simply documenting authorship early and often is the best course of action to protect your company or business’s intellectual property.
The reason this matters is because in a legal dispute over intellectual property, it’s not enough to say, “I made this first.” Courts and lawyers need proof (clear, time-stamped evidence of who created what and when). Having a formal registration helps, but if there’s a conflict, what really holds weight is a consistent paper trail. This means internal documentation, version histories, saved drafts, and author logs that back up your claim. Without that, it turns into a “he said, she said” situation, and I’ve seen companies lose IP battles because, simply, they couldn’t prove it.
Having a trail turns your work from a claim into a defensible asset.
In one of my companies, we created a shared internal archive where every key asset, like logos, designs, code, and content, was uploaded with a date, description, and name. This practically gave us a defensible chain of creation, which helped us avoid a legal mess when a contractor later challenged ownership of a brand asset.
Jeff Mains, Founder and CEO, Champion Leadership Group
Consult Specialized IP Attorneys Early
One crucial tip for protecting your intellectual property is to consult with specialized IP attorneys early in your business journey. When our company faced questions from venture capitalists about our intellectual property strategy, we found that having clear legal guidance on how we protected our assets through copyright and trade secret laws was invaluable. For trademark matters specifically, conducting thorough searches and legal consultations before finalizing any branding decisions can save significant headaches down the road, as we learned during our company’s rebranding process.
For those seeking legal advice on copyright or trademark issues, I recommend starting with law firms that specialize in intellectual property law, as general practice attorneys may not have the depth of expertise needed for complex IP matters. Many bar associations also offer referral services to help connect you with qualified IP attorneys in your area who can provide tailored guidance for your specific situation.
Brett Farmiloe, CEO, Featured
Register Trademarks Before Market Launch
A few years ago, we assisted a tech startup client in registering their brand name and logo as trademarks just before they launched their app. Merely six months later, a competitor attempted to use a very similar logo and branding in the same market. Because our client had registered their trademark early, they were able to send a formal cease-and-desist letter and protect their brand identity without resorting to court action.
That single step saved them from a costly legal battle and potential confusion in the market. It serves as an excellent example of how registering your intellectual property isn’t just a formality. It is a smart business move that can save you from significant problems in the future. Always secure your creative assets early; you’ll be grateful you did later.
Jack Nguyen, CEO, InCorp
File Patent Applications Promptly
As a patent attorney from Colorado specializing in intellectual property (IP) law, my first piece of advice would be to check that no one else has already filed a patent application for your invention. Obviously, an experienced attorney would be a good place to go if you were serious about this and wanted some professional help.
Once you’ve completed this first check, you should then proceed to file your own patent application before someone else does, so you have what is known as “Patent Pending” status.
It’s worth noting that laws here can vary by location, so try to seek out an experienced patent attorney who is licensed to operate in the state in which you reside.
Mark Trenner, Patent Attorney, Trenner Law Firm
Define Your IP Before Developing Protection Strategies
When it comes to protecting your intellectual property, the most critical question to answer is, “What actually is our IP?” This requires careful consideration of the nature of the IP the client believes they own. Too frequently, I see clients and their lawyers spend significant time and money protecting IP that turns out to be either: not theirs, worthless (from a commercialization perspective), or simply impossible for the client to define. Once you determine the nature of your IP in detail, you can then set out to prepare an appropriate IP strategy to ensure it is protected and you are set up for success on your IP commercialization journey.
Pippin Barry, Principal Lawyer, Dexterity Law
