Topic 06 of 6
Intellectual Property
Trademarks, Copyright, Patents & Trade Secrets
Intellectual property protects the things you create — your business name, logo, products, software, written content, inventions, and confidential processes. Most small businesses have more IP than they realise, and most do not protect it until something goes wrong. The four main types of IP protection have very different purposes and registration processes.
Signposting tool only — not legal advice. This page explains what this area involves and points you to official government sources. It does not assess your situation or tell you what to do. Consult a licensed attorney for your specific circumstances.
Option B — Awareness Checklist
Things to be aware of in this area
This is not a compliance checklist. These items flag areas worth exploring — they are not a substitute for professional legal review. Ticking all boxes does not mean you are compliant.
I understand the difference between trademark (brand), copyright (creative works), patent (inventions), and trade secret (confidential info)
I have searched the USPTO trademark database to check my business name and logo are not already registered
I know that copyright protection is automatic on creation — but registration strengthens enforcement
I use non-disclosure agreements (NDAs) when sharing confidential business information with third parties
I understand that using a freelancer or contractor to create work does not automatically mean I own that work — a written assignment is needed
I know that domain name ownership and trademark registration are separate and one does not confer the other
I have considered whether any product, process, or invention I use might be patentable
I regularly search my business name and brand online to check for unauthorised use
I know the difference between a federal trademark (USPTO) and a state trademark — and which protection I have
I understand that IP infringement by me (using someone else's IP without permission) can result in significant damages
Official Resources
Where to get authoritative information
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USPTO — Trademark Search (TESS)
Free official trademark search database. Search before you name your business, design a logo, or launch a product line. Required first step.
https://www.uspto.gov/trademarks/search →
FAQ
Someone is using my business name — what do I do?
Your options depend on whether you have a registered federal trademark, a state trademark, or just common law rights (from being first to use the name in commerce). Federal trademark registration gives the strongest nationwide protection and is the foundation for enforcement. If your name is registered, your first step is a cease and desist letter from an attorney. If it is not registered, your common law rights are limited to the geographic area where you have been operating. The USPTO at uspto.gov/trademarks is the starting point for search and registration.
FAQ
Do I own the work a freelancer creates for me?
Not automatically. Under US copyright law, the creator owns the copyright unless it qualifies as a "work made for hire" (which generally requires employment, not contracting) or there is a written agreement transferring ownership. If you hire a freelancer to design your logo, write your website, or build your software, you need a written assignment of IP rights in the contract. Without it, the freelancer may retain rights to the work even after you have paid them. This is one of the most common IP mistakes small businesses make.
FAQ
My competitor has a similar product — do I have a patent issue?
You could be at risk in two ways: (1) your product infringes their existing patent, or (2) your product is something you should have patented and did not. Before launching any product, a patent search is advisable. The USPTO's patent database is searchable for free at patents.google.com. Patent law is highly technical — the USPTO's Patent Pro Bono Program can connect you with free legal help if you cannot afford a patent attorney. Acting quickly matters — certain disclosures can bar you from ever getting a patent.