The Legal Side of Product Launches
Protecting Your IP Before You Go to Market
Creating a new product is the best part of a product launch for creators; thinking about all the correct legal procedures to go through is the complicated part. Knowing that your intellectual property (IP) is not only protected but positioned to become a long-term asset for your business is important. At Sagsharma, we see many startups rush to market without understanding the necessary legal safeguards. This leaves their products vulnerable to copycats, disputes, and costly setbacks.
Here are some of the most important legal steps to think about before launching your product:
1. Secure Your Brand with Trademarks
Treat your product name, logo, and tagline as more than just a marketing tool. After applying with the United States Patent and Trademark Office (USPTO) and receiving a certificate of approval, you need to maintain and enforce your trademark. It is important to apply early to guarantee that your brand is yours to own and grow. Without a trademark, you risk building exposure around a name that someone else could claim. This means you may experience a forced rebrand or litigation down the line.
2. Protect Creative Content with Copyrights
Your packaging design, website content, and marketing materials are all things that can be copyrighted. Copyrights protect your creative work that makes your product stand out. In the United States, copyright protection is almost always automatic, but registering your work can give you stronger legal rights. Besides, having registered work with the U.S. Copyright Office, other measures need to happen, like monitoring your work. Having a strong copyright strategy can be just what prevents unauthorized use and simultaneously strengthens your ability to enforce ownership if infringements arise.
3. Safeguard Innovation Through Trade Secrets
Do you have a unique process, formula, or secret business information? You might need to consider whether implementing proper measures to protect it as a trade secret is necessary. You can get a long-term competitive advantage by keeping others from using your innovative processes without your permission. Trade secrets must have economic value, and you have to put in reasonable efforts to keep them secret. They are a crucial component of a comprehensive IP protection plan for any startup.
4. Draft Strong Agreements
Drafting a strong agreement can be difficult if you don’t know where to start. Certain items, such as agreement purpose, parties, timelines, and obligations, are all essential when creating an agreement. Important agreements that are worth using for protecting your intellectual property (IP) include:
Non-Disclosure Agreements (NDAs): NDAs, also classified as Confidentiality Agreements, are a legal contract that protects sensitive information. You can use this with investors, manufacturers, and partners, outlining information that these parties can’t discuss with others.
Licensing Agreements: A licensing agreement includes a licensor and a licensee. This allows the licensee to use a trademark to sell goods produced by the licensor.
Employment & Contractor Agreements: One of the most formal agreements is the agreement of working relationships, responsibilities, compensation, and termination. This creates ownership of work produced by employees with your company.
5. Align IP with Your Growth Strategy
Protecting your IP isn’t just about defense, but it’s about authority. Understanding your goals allows you to maintain IP portfolios, attract investors, create licensing revenue opportunities, and elevate valuations. Continuously monitoring your IP as an integral part of your business plan can set the stage for long-term success.
Sagsharma’s Perspective
Protecting your products is just as important as building, auditing, and monitoring them. Our IP counsel is designed to give creators confidence, ensuring your launch is secure and protected. This includes trademarks and copyrights, to contracts and compliance. We help emerging ventures and startups move to market with clarity, speed, and protection. Contact our team with further questions about protecting your IP here!
Disclaimer: The information provided herein is for general informational purposes only and is not legal advice. Reading this blog does not create an attorney-client relationship between you and Sagsharma LLC.
