Business | Franchise | Employment | Litigation

The Horrors of Not Protecting Your Company’s Intellectual Property

As we enter Halloween month, Trembly Law Firm is covering several important topics that haunt the nightmares of entrepreneurs and, if left untended in real life, could spell doom for their companies. Many of these threats come from the outside, but a few could also manifest right under your company’s nose. Neglecting your company’s intellectual property is a real risk for the long-term viability of the enterprise.


Perhaps the most common intellectual property secured by companies, trademarks are intended to inform consumers about the source of particular products and services. It’s nearly impossible to build brand awareness without strong trademarks, and it’s difficult to have strong trademarks without strong trademark protections.

Whatever your trademark is—a logo, symbol, color scheme, word, or phrase—it might benefit from federal protection. Even without federal protection from the USPTO, trademarks have limited rights. Unfortunately, the responsibility of identifying trademark infringement is on companies and trademark holders.

In certain cases, courts will decline to enforce trademark rights if the company did not take active steps against infringers. As a result, the brand awareness your company has generated—not to mention the time and resources spent creating your trademarks—could be rendered useless. Trembly Law Firm can help your business protect its trademarks by taking swift action against infringers and making sure you renew at the correct intervals.

Pro tip: In most cases, it’s better for the company to be the legal owner of trademarks instead of owners or other individuals.

Trade Secrets

Certain proprietary information of companies does not fit neatly into trademark, patent, or copyright boxes. However, this information is still vital for companies to maintain an edge over their competitors. To avoid having an employee or service provider walk out the door with your company’s trade secrets, you likely need a strong non-disclosure agreement (NDA) in place.

An NDA is a contract that restricts the disclosure of trade secrets and other proprietary information. An effective NDA provides companies with appropriate civil recourse if the other party discloses trade secrets. Common trade secrets include:

  • Scripts for software and computer programs
  • Client lists and contact information
  • Profit margin analyses
  • Prototypes and blueprints
  • Databases

Steer Clear of Intellectual Property Frights With Trembly Law Firm

The complex laws surrounding intellectual property can be intimidating and overwhelming for business owners. As an entrepreneur, you don’t have much time to learn about trade secrets, trademarks, and other types of intellectual property your business might need. Our team would be happy to fill that need for your business. Call us today to discuss how we can help elevate your business.

Trembly Law Firm
9700 South Dixie Hwy Penthouse 1100
Miami, Florida 33156
(305) 431-5678

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