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Pre-Incorporation Intellectual Property Strategies:  Essentials to Maximizing Your Brand

Every day, hundreds of new companies are born.  More often than not, intellectual property strategies take a back seat to other pre-incorporation concerns such as selecting a business name, securing a domain, financing, budgeting, and staffing.  Then, months or years down the road, someone drops an infringement or cease and desist on the company for allegedly using their name, logo, or copyrighted material.  This can prove very costly, necessitate a name or logo change, and negatively impact the value of the company’s intellectual property and brand recognition.

Fortunately, there are several prudent steps that fledgling companies can take prior to incorporating to minimize exposure, grow intellectual property assets, and maximize branding.  The following are important intellectual property strategies a start up company can use:

  1. Research and Investigate. Before selecting a name, designing logos, and securing domain names, a start up company should consider multiple names and then research the availability of those names to be sure that they are not already being used.  The same is true for logos that the start up intends to develop and use for the business.

  2. Plan. The selection of the company name, logo, and domain name should be a planned and coordinated effort in order to effectively and efficiently build the company’s intellectual property assets and brand.

  3. Register. Once a name and a logo are sufficiently vetted, coordinated, and chosen the company should begin the trademark application process as soon as possible.

  4. Review. Start up companies should utilize only original content or licensed content on their websites, in advertising materials, on product packaging, and in or on other assets. Everything should be reviewed for any content that is either not original to the company or has been taken from other sources.

  5. Notice. Start up companies should display trademark and copyright notices on all of their content.

Following these pre-incorporation intellectual property strategies makes good business sense and can eliminate or mitigate intellectual property issues in the future as well as add value to a business’ intellectual property assets and brand.

Learn more by viewing this video of the Kendrick Law Groups monthly show “What the Hell Does that Mean?” where I discuss protecting your brand and business: 

Kendrick Law Group is well equipped to serve your intellectual property needs before, during, and after incorporation.  Contact David D. Mouery, Esq. today for a complimentary consultation and review of your intellectual property needs. 407-641-5841 or

#DavidMouery #Trademark #Copyright #DaveMouery #IntellectualProperty

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