If you are doing business in New York, you may have ideas you want to protect under New York 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" refers to ideas that are owned by you as an individual or as a company. Although your intellectual property is protected under intellectual property law from the moment you create it, you should 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 New York IP 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 New York intellectual property laws.

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

Choose the best protection under intellectual property law in New York

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 New York. 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 under intellectual property laws in New York to protect your business

Although intellectual property, in general, is registered at the federal level, you can also register 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 or service mark on the state level at NYS Department of State.

Let a lawyer guide you through NY intellectual property law

It may be in your best interest to consult with intellectual patent attorneys in New York for advice about protecting your intellectual property. Patent law in New York, including New York escrow laws, has nuances which are often best left to intellectual property law firms in New York that are familiar with filing your type of technology

I recommend: To find intellectual property law lawyers in New York, visit Lawyers.com, or see Justia for intellectual property firms in New York. Read more about New York trademarks at TrademarkNew York.com.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Trade secrets are intellectual property that is protected by your actions. If you keep it secret, it is considered a trade secret.
• •  Remember to check the Internet for your proposed trademark or trade name, in case it is being used as a domain name.