Intellectual Property Basics: Protecting Your New York Business Assets
Intellectual Property Basics: Protecting Your New York Business Assets
Every business in New York creates valuable assets that need protection from competitors. While intellectual property (IP) law operates primarily at the federal level, understanding both federal protections and state-specific considerations is essential for New York businesses.
Understanding the Three Main Types of IP Protection
Copyrights
Copyrights protect original creative works including writing, music, artwork, photographs, and software. Copyright protection begins automatically when you create something in a tangible form - you don't need to register it, though registration with the US Copyright Office provides important legal benefits. For New York's thriving arts and media industries, copyright protection is particularly crucial for protecting creative works and content.
Key benefit: Prevents others from reproducing, distributing, or creating derivative works without permission.
Duration: In the US, copyrights typically last for the creator's lifetime plus 70 years.
Trademarks
Trademarks protect brand identities: names, logos, slogans, and other distinctive elements that identify the source of your products or services. While using ™ is permitted without registration, registering your mark with the US Patent and Trademark Office allows you to use the ® symbol and provides stronger legal protection. New York businesses can benefit from both common law trademark protection within state boundaries and federal registration through the USPTO for nationwide protection. New York State also offers a state trademark registration system, which can provide additional protection for businesses operating primarily within state lines.
Key benefit: Prevents customer confusion by stopping competitors from using similar marks.
Duration: Potentially indefinite as long as you continue using the mark and renew registrations.
Patents
Patents protect inventions and innovations, such as machines, processes, chemical compositions, items of manufacture, and designs. They grant inventors the right to exclude others from making, using, and selling their inventions for a limited time in exchange for public disclosure. In New York's robust innovation ecosystem, patent protection has become an essential business strategy for startups and established businesses alike looking to protect their intellectual property.
Key benefit: Prevents others from making, using, or selling your invention without permission.
Duration: Generally, 20 years from filing date for utility patents.
How New York Businesses Can Protect Their IP Assets
1. Audit your IP portfolio - your brand, creative content, inventions, and trade secrets.
2. Register strategically:
a. Register important copyrights with the U.S. Copyright Office.
b. File trademark applications with the USPTO for federal protection and consider NY state registration for added local protection.
c. Apply for patents for novel inventions with the USPTO.
3. Protect trade secrets with non-disclosure agreements.
4. Regularly search for potential infringements and take action when necessary.
Remember that intellectual property is often a business's most valuable asset, particularly in New York's competitive market. Taking proactive steps to protect your IP isn't just a legal precaution—it's a strategic investment in your company's future.
Getting Started with Klausner Cook, PLLC
Developing an effective intellectual property strategy might seem complex, but it doesn't have to be. At Klausner Cook, PLLC, we combine the extensive experience of our team of attorneys to provide comprehensive IP protection solutions for New York businesses of all sizes.
Schedule your free consultation today to learn how we can help safeguard your company's valuable intellectual assets. Our experienced New York IP attorneys will help you create a protection strategy that gives you competitive advantage and security for your business innovations, brand identity, and creative works.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Klausner Cook, PLLC. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.