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If you have a brand, then you may have problems with intellectual property (IP) protection. This applies not only to large corporations selling their products around the world, but also to small businesses. In this blog post, we will talk about how to protect IP in the United States.

Nothing is given so cheaply and is not valued so dearly as the human mind producing ideas. Materialized ideas applied to the public good is valued even more dearly. Therefore, to observe and protect IP rights has long been a rule of good form. However, it's not just ethics. Protecting the achievements of the intellect is already politics.

At least this is what the United States promotes and emphasizes that intellectual property is an vital element of the idea of ​​"America's comparative advantage." This results in the fact that the USA has one of the most effective intellectual property protection systems in the modern world.

How an entrepreneur can protect IP rights in the United States

If you think your invention is new and original, hurry up with filing an application with the US Patent and Trademark Office. If an IP certificate is granted, you will be entitled to copy your product to others for up to 20 years. The term of IP protection in the US will vary depending on the type and may be renewed.

Another way is to register a trademark in the United States. The names, logos and symbols that identify the brands you use to market your products or services may be legally protected as trademarks. These may include:

  • words and phrases;
  • logos and corporate design;
  • slogans;
  • sound signals, original melodies;
  • colors;
  • aromas.

Trademark registration will qualify for TM protection in America. 

Creative works can be registered in the US with federal protection which is applied automatically and you do not need to register with the US Copyright Office. Meanwhile, if you still decide to register your work, it will enhance  your rights as the copyright holder. 

 

NOTE:

There’s still an issue of abuse of TM rights by rightholders, when they register trademarks only with the intention of restricting competition in the market. This may include artificial extension of the term of copyright protection, e.g. by retroactive inclusion of a co-author after the death of the author to prolong the term of the right to a work).

Protecting IP in the IT sphere in America is one of the issues faced by a technology startup and it is related to the product development process. IP protection may seem premature, expensive, and difficult when your objective is to bring a product to market earlier than any of your competitors. However, neglecting this issue is risky since IP often in a form of a technological solution is the most valuable asset of a young firm. Therefore, protecting IPR in the US and elsewhere in the world is crucial to getting funding or preventing unfair competition, during which your solutions will be utterly copied.

Professional assistance

Before investing a lot of time and resources in IP enforcement in America, we advise that you first consult with qualified professionals in this field to ensure that there are no violations. Otherwise, your time and money may be wasted.

IQ Decision UK experts will provide professional assistance in registering intellectual property rights in America.