How Can I Protect My Intellectual Property?

You’ve undoubtedly heard someone talk about protecting their intellectual property or getting a trademark. But, have you ever stopped to think about what that actually means?

In this post we’ll go over what it means to protect your intellectual property, what parts of your influencer business, podcast, film, or brand you can protect, and how to do it.

What can I do to protect my business?

Protecting your business assets is the most crucial task to do for yourself. You put blood, sweat, and tears into your business—the last thing you want is for all of that to go to waste because you had to change your name, products, or get sued.

The first thing you’ll want to do to protect your business is to apply for trademarks, patents, and copyrights.

These three protections differ in various ways and will be explained in depth below. Having this intellectual property protection is a way you can document your ownership and obtain legal protection for your ideas and brand. You may also incorporate your business, which means forming an LLC for your business.

What can I trademark?

Trademarks are used for businesses that deal with goods. You can trademark any word, phrase, symbol, design, or combination of those things that identify your goods and/or services. For example, the “Coca-cola” logo is registered trademark.

Trademarking is a way to establish yourself as the legal owner of your brand. Trademarks also distinguish your business from others.

Did you know that you can even trademark and register non-generic words, logos, slogans, colors, smells, and sounds if you can demonstrate how they represent your business?

You can also register your trademark in standard character format or in a special format. For example, as mentioned earlier “Coca-cola” is a trademark both in standard and special. The standard format is the typical “coca-cola” and the special format is the logo in ‘script.’

If this seems confusing, you’re not alone. Many business owners use a lawyer to advise them about the types of trademarks they should file to prevent infringement.

What can I patent?

Patents are used to protect inventions, for example, solar panels or a new type of hybrid engine. Patents make sure your inventions are safe from other parties copying, making, using, or even selling an invention that could be a replica of yours without consent.

Most things can be patented, such as machines, medicines, computer programs, articles that were made by a machine, and chemicals. But you can not patent any dramatic or artistic work, a method of treatment, a discovery or theory, the way information is presented, or some mobile apps. In order for it to pass the “patent test” your invention must be something that can be made or used in an industrial way, something new, and something inventive.

There are three different types of patents: utility patents, design patents, and plant patents.

A utility patent can be granted to someone who has invented any new and useful process, machine, or article of manufacture. A design patent can be granted to someone who invents a new, original, and design for an article of manufacture. And a plant patent can be granted to someone who invents or discovers and asexually reproduces any distinct and new variety of a plant.

These three types of patents determine the type of IP (intellectual property) protection that you will need. A lawyer, who is an IP expert, can help you navigate the long and often complicated patent process.

What can I copyright?

Copyright is a form of IP protection that will protect the original works of authorship, including literary; artistic works; poetry; movies; songs; computer software; and essentially any tangible means of expression.

There are three requirements for what can be protected: it must be (1) the work of creation, (2) original, and (3) fixed in a tangible means of expression.

Publication of your work is not necessary for you to obtain copyright protection since copyright protection works for published and unpublished work.

Under copyright protection, the moment a work is created and in a tangible form, that is either directly or with the aid of a machine/device, it is protected. Registration is not required for copyright protection since it existed the moment the work is created as just stated. But it is a smart tactic to get copyright protection in order to have public records of the copyright. Although, you will have to register for copyright protection if you wish to bring a lawsuit for infringement of work, which would make you eligible for statutory damages. A lawyer can help you register for copyright protection if it is necessary.

We hope this post gave you some insight into the types of intellectual property that you can protect for your influencing business, podcast, film, brand, or production. Kahn Media Law can help with all of your intellectual property needs.

Mikey AllenFebruary 15, 2023