If you are doing business in Massachusetts, you may have ideas you want to protect under Massachusetts Intellectual Property Law. This protection allows you to reap the full benefits of your business concepts and prevents others from unfairly using them.

“Intellectual property" (IP) refers to ideas that are owned by you as an individual or as a company. Although your intellectual property is protected under MA intellectual property law from the moment you create it, register to create an official record of your ideas and more easily protect them should a conflict ever arise.

The 3 most common forms of intellectual property under MA intellectual property law are:

1. Trademark, for trade names or logos.

2. Copyright, for artistic works such as published work.

3. Patent, for unique inventions, dictated by IP law in MA.

Action Steps
The best contacts and resources to help you get it done

Choose the best protection under intellectual property law in Massachusetts

To protect your intellectual property, first decide what type it is. Trademarks refer to a name, phrase, or logo that identifies your business. It can include words only, a particular look or font or even a color scheme. A copyright protects the specific form in which your ideas are recorded and is used to protect literary and artistic works. Finally, patents protect your inventions and are used for physical devices or abstract concepts, such as computer software algorithms or business methods.

I recommend: Start with the Intellectual Property Center of FindLaw, which outlines the basics of intellectual property and offers a wide menu of topics to help you begin to register your intellectual property in Massachusetts. The Intellectual Property Resource Center of Netpreneur is also an excellent resource for your initial research. Review the helpful information at the United States Patent and Trademark Office or the United States Copyright Office.

Register your intellectual property under MA intellectual property law to protect your business

Although intellectual property, in general, is registered at the federal level, intellectual property law history in Massachusetts shows the state has long allowed registration of trademarks at the state level. It is essential for your small business to patent your ideas or register your trademarks or copyrights. This allows your small business to access the full power of the courts in protecting your valuable assets.

I recommend: Check the Trademark Electronic Search System to ensure your proposed trademark is not registered, then register online through the Trademark Electronic Application System. For your copyright, register through the United States Copyright Office. Register your trademark at the state level in Massachusetts at the Secretary of the Commonwealth Corporations Division.

Find intellectual property law lawyers in Massachusetts to guide you

It may be in your best interest to consult with Massachusetts intellectual patent attorneys for advice about protecting your intellectual property. IP laws in MA, particularly regarding patents, have nuances that are often best left to an intellectual property law firm in Massachusetts that is familiar with filing your type of technology.

I recommend: To find intellectual property firms in Massachusetts, visit IPOrganisers or the Massachusetts Bar Association or let a reputable service such as LegalZoom.com register your Massachusetts trademark.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  To assist your IP management in Massachusetts, form an intellectual property committee under the guidance of an intellectual property lawyer in Massachusetts to categorize and address all of the intellectual property you have.
• •  To track the inventions created by your employees, implement an invention record keeping procedure within your business.