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I often get trademark and copyright questions from startups or small business owners. Though one size doesn’t fit all, there are some common things to think about when getting your IP house in order.

1. Consider registering your trademarks. You can expand the automatic common law rights that arise through using your trademarks if you register them with the U.S. Patent and Trademark Office (yielding national rights) or secretary of state’s office (yielding statewide rights). Your top priority is probaby your business name, followed by your logo, followed by your tag-line. Getting a registration confirms you are the owner and gives you the legal presumption of being the exclusive owner throughout the U.S. (if you get a federal registration) or state (if you get a state registration) for the goods and services you sell under the brand. These expanded rights give you a powerful tool to keep imitators of your brand(s) at bay. Registration isn’t required, so weigh the expected benefits against the cost.


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