If you create a new product, service, or process, the law provides protections against unauthorized use, modification, or sale. These protections fall under intellectual property (IP) law, which helps safeguard your creative and commercial assets. While many IP matters fall under the jurisdiction of federal court, Texas also has laws that protect intellectual property rights at the state level.
What Is Intellectual Property?
According to the World Intellectual Property Organization (WIPO), intellectual property refers to creations of the mind, such as inventions, artistic works, brand identifiers, and proprietary business information. It is important to note that ideas themselves are not protected—only their tangible expressions in a specific form qualify for legal protection.
Types of Intellectual Property Protection
There are four primary types of intellectual property protection: copyrights, trademarks, patents, and trade secrets. Understanding how these protections work can help you enforce your rights if someone infringes upon them.
Copyright
Copyright law protects original artistic and literary works, such as books, music, paintings, films, computer programs, photographs, and advertisements. In Texas and across the U.S., copyright protection is automatic upon creation. However, registering your copyright with the U.S. Copyright Office strengthens your ability to enforce your rights in court.
A valid copyright notice typically includes:
- The symbol ©, the word “Copyright,” or the abbreviation “Copr.”
- The name of the copyright owner
- The year of first publication
Even if you credit the original creator, using their work without permission may still constitute copyright infringement.
Trademark and Trade Dress Protection
A trademark protects names, logos, symbols, slogans, and other branding elements that distinguish a business or product. Registering a trademark with the United States Patent and Trademark Office (USPTO) grants stronger legal protections, including the exclusive right to use the mark nationwide.
- A registered trademark uses the ® symbol.
- An unregistered trademark can still be claimed using TM (for goods) or SM (for services), but enforcement is more difficult.
Trade Dress Rights
Trade dress is a subset of trademark law that protects the visual appearance of a product or its packaging when it signifies a particular brand. This can include a product’s shape, color scheme, or unique packaging design. Famous trade dress lawsuits often arise in the fashion and technology industries.
Patent Protection
A patent grants exclusive rights to an invention, allowing the owner to prevent others from making, using, or selling the invention without permission. The USPTO issues different types of patents:
- Utility patents (20 years) cover new and useful inventions.
- Design patents (15 years) protect the ornamental design of a product (e.g., the unique shape of a smartphone or shoe design).
- Plant patents (20 years) apply to new plant varieties reproduced asexually.
To qualify for a patent, an invention must be novel, non-obvious, and useful. If another party uses your patented invention without authorization, you may take legal action.
Trade Secrets
Trade secrets include confidential business information, such as formulas, processes, customer lists, and marketing strategies. Unlike patents, trade secrets are protected indefinitely as long as they remain secret.
To enforce trade secret rights in Texas:
- Businesses must take reasonable steps to keep the information confidential (e.g., using NDAs and restricted access).
- The Texas Uniform Trade Secrets Act (TUTSA) allows businesses to sue if trade secrets are misappropriated.
- Many intellectual property disputes, including trade secret misappropriation, are often brought in federal court, particularly when they involve multiple states or violations of federal statutes like the Defend Trade Secrets Act (DTSA).
Why Intellectual Property Protection Matters
As you develop your business, protecting your intellectual property is crucial for maintaining competitive advantage and preventing unauthorized use of your work. Understanding your legal options ensures that your creative efforts and investments remain secure.
For guidance specific to Texas intellectual property law, contact us for a qualified intellectual property attorney through the Lawyer Referral Service of Central Texas (LRS).
