{"id":5584,"date":"2021-01-18T20:07:18","date_gmt":"2021-01-18T15:07:18","guid":{"rendered":"https:\/\/atmateen.com\/?p=5584"},"modified":"2023-05-31T12:15:59","modified_gmt":"2023-05-31T07:15:59","slug":"a-thorough-guide-on-how-to-secure-your-intellectual-property","status":"publish","type":"post","link":"https:\/\/atmateen.com\/a-thorough-guide-on-how-to-secure-your-intellectual-property\/","title":{"rendered":"How To Secure Your Intellectual Property Right in the USA (Trademark, Copyright, Or Patent)"},"content":{"rendered":"\n

A trademark also termed a service mark is in the form of a symbol, phrase, or design that helps in distinguishing the goods from that of others. It helps in giving your business an individual and secure identity. If you are planning to secure your intellectual property you need to register the trademark<\/strong> which will restrict others from using your brand’s identity illegally.<\/p>\n\n\n\n

Trademark, Copyright, Or Patent- What\u2019s The Difference?<\/h2>\n\n\n\n

All these three types of intangible properties protect different business assets. The trademark is used<\/strong> to secure the brand name, services, and logos. However, the copyrights protect<\/strong> the work of authorship which includes written documents, blogs, content, books, and business strategies. Now comes the third category which is patent<\/strong>– it secures the inventions to be used to manufacture or sell.<\/p>\n\n\n\n

For instance:<\/strong> if you have manufactured a model of a car you will have to get the patent to manufacture and sell it. After that, you will need a trademark to secure its identity or the logo associated with your manufacturing company. The last thing will be copyrighted to secure the specifications the technicalities you have created for the car model. That’s how these three legal terms differ from each other.<\/p><\/blockquote><\/figure>\n\n\n\n

The Need to Trademark a Company’s Identity<\/h3>\n\n\n\n

Whether you get a domain name from a domain service provider or register your brand name officially<\/a> you still have to get their trademarks legally. The domain you register is only associated with the web address. It may happen that if you do not register a trademark your business name or logo can conflict with the rights of any other already existing identity.<\/p>\n\n\n\n

In such a case, you may have to bear a penalty fee as well with a termination of your business entity. So, even after registering your business name through a state registration system, you must obtain the trademark to avoid the occurrence of confusion.<\/p>\n\n\n\n

Similarity of Marks<\/h3>\n\n\n\n

To avoid the occurrence of two similar marks, each of the trademarks is scrutinized and thoroughly examined. To avoid confusion, the marks must not be identical. The selected mark must not show similarity in any way from the visual presentation to the pronunciation of the word in any language.<\/p>\n\n\n\n

It should be unique in every region. There must not be any similarity in terms of sound, meaning, and appearance. Here is an example of marks that can be considered as similar.<\/p>\n\n\n\n

In terms of sound:<\/strong><\/p>\n\n\n\n

\"Tips<\/figure>\n\n\n\n

In terms of meaning:<\/strong><\/p>\n\n\n\n

\"Tips<\/figure>\n\n\n\n

How To Secure Your Intellectual Property?<\/h2>\n\n\n\n

Now let\u2019s discuss some of the points to secure your intellectual property:<\/p>\n\n\n\n

Just when you plan on inventing a new thing or pondering creating a business strategy that is not yet established, you need to first ensure its security. You have to get the copyrights, register the trademark, and patent your model.<\/p>\n\n\n\n

You might think that if anyone tries to steal your invention or copy it, you will file a case or take any legal notice. But things are too twisted and complicated that all of it is hard to do. Therefore, you need to first understand all the ways through which you can lose your secret or important information.<\/p>\n\n\n\n

For instance, <\/strong>if you have discussed the important aspects of your project with any employee who must have a social circle. If that person shares your information with anybody who quickly uses it for their own good before you can present your model, you will not be able to even claim that property as yours. Therefore, first, keep an eye on the loopholes and secure your strategy before implementing it if you think there is a possibility of losing your data.<\/p>\n\n\n\n

The next step is to keep a check<\/strong> on all those places where you have placed or discussed your intellectual property. You may have shared the idea through emails or have discussed it with someone through messages and voice notes. You need to get them removed. Let nobody knows about your plan until you get it secured. It happened so many times when people have regretted sharing their ideas with people who have used them for their own good.<\/p>\n\n\n\n

Create Non-Disclosure Contracts for Employees<\/h3>\n\n\n\n

The best way is to create a non-disclosure certificate and document for your employees. If you want your employees to comply with your terms to secure your business model it’s best to create a non-disclosure certificate where every point and circumstance will be mentioned.<\/p>\n\n\n\n

It will add more legal clarity and help you stay satisfied. The following are the important agreements that you can ask your employees to sign.<\/p>\n\n\n\n