Knowledgebase

Intellectual Property and Trademarks: Everything That Matters, Briefly Print

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The whole category in one page.

A BUSINESS NAME OR COMPANY REGISTRATION IS NOT A TRADEMARK

It confers no right to use the name against a trademark holder. Check the trademark register before you commit to a name, because rebranding later costs far more than choosing again now.

DESCRIPTIVE NAMES ARE EASY TO EXPLAIN AND IMPOSSIBLE TO DEFEND

The more distinctive the name, the stronger the asset. Invented and arbitrary words protect; generic terms cannot be owned at all.

WORK BY CONTRACTORS BELONGS TO THEM UNLESS IT IS ASSIGNED IN WRITING

Software, designs and content commissioned without assignment may not be yours. Fix this before investment or sale, when the contractor has leverage and you have none.

PUBLIC DISCLOSURE BEFORE FILING DESTROYS PATENT NOVELTY

File first, or use a confidentiality agreement. A demonstration, a presentation or a sale can all count as disclosure.

TRADE SECRETS ARE PROTECTED ONLY BY YOUR OWN CONDUCT

Once public, nothing remains. Limit who knows, document your measures, and remember that knowledge in someone's head leaves with them.

RIGHTS ARE TERRITORIAL — REGISTRATION HERE PROTECTS HERE AND NOWHERE ELSE

Protect the markets that matter, and budget for renewals in every one of them, indefinitely.

CAPTURE EVIDENCE OF INFRINGEMENT IMMEDIATELY, BECAUSE IT DISAPPEARS THE MOMENT YOU MAKE CONTACT

VERIFY THAT EVERY DOMAIN AND REGISTRATION IS IN THE COMPANY'S NAME, NOT AN AGENCY'S

AND CALENDAR EVERY RENEWAL, BECAUSE RIGHTS ARE LOST TO INATTENTION FAR MORE OFTEN THAN TO DISPUTES


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