If you are doing business in California, you may have ideas you want to protect under California 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," or IP, refers to ideas that are owned by you as an individual or as a company. Although your intellectual property is protected under California intellectual property law from the moment you create it, it is wise to register it to create an official record of your ideas and more easily protect them should a conflict ever arise.

The 3 major forms of intellectual property under California 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 intellectual property law in California

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

Choose the best protection under intellectual property laws in California

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 State of California intellectual property. 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 and learn about California intellectual property at the Berkeley Digital Library.

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

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. Although patents and copyright are registered federally, you may register your trademark both in California and federally.

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 federal copyright, register through the United States Copyright Office. Although intellectual property is mostly dictated by federal registration, you may also register your trademark or service mark in California through the California Business Portal.

Find intellectual property lawyers in CA to help guide you

You can learn more about California trademark law by reading the California Business Code, but it may be in your best interest to consult with intellectual property lawyers in California for advice about protecting your intellectual property. California patent law, including California escrow laws, has nuances which are often best left to a California intellectual property law firm that is familiar with filing your type of technology.

I recommend: Read the California Business Code about trademarks and trade names or learn more about California trademarks at Registering A Trademark.com. To find a trademark lawyer in California like Costello Law Corporation in Sacramento, visit Lawyers.com .

Tips & Tactics

Helpful advice for making the most of this Guide

• •  In California, registration of your corporation does not automatically protect your trademark. You must specifically register in California for your trademark or trade name.
• •  You may register your trademark even if a trademark lawyer in California advises you that you are not able to register federally.