INTELLECTUAL
PROPERTY
SELF-AUDIT
WHAT VALUABLE
INTELLECTUAL PROPERTY
ASSETS DO YOU OWN?
Categories of IP and IP Protection




IP?
Trademarks
Copyrights
Patents
Trade Secrets
WHAT IS INTELLECTUAL PROPERTY (IP)?
As the name suggests, Intellectual Property is something created by the mind, or intellect, and which is
then transformed into something tangible, thus becoming property. The IP umbrella covers a broad
spectrum of creations including brands, logos, music, books, videos, art work, architecture, marketing
campaigns, manufacturing processes, and the like. For example, a business may create a unique
marketing campaign to position its goods in the forefront of consumers’ minds in turn making the goods
more competitive in a crowded marketplace. A musician needs a distinctive song title so followers
wanting to buy his music can identify the correct song. Or, a manufacturer creates a new process
allowing him to get his goods to market quicker than his competitors. All are examples of IP.
The law recognizes Intellectual Property as a valuable business asset not only because of the
considerable time and resources required to create, develop and promote something new, but also to
encourage innovation by offering creators protections against those who would infringe on, or steal
their creations outright. For instance, through marketing, promotion, and quality control a trademark
can develop a favorable reputation and considerable business goodwill which in turn creates value in
the mark. Some examples of valuable marks include Coca Cola® and Microsoft®. IP laws protect
against the theft of valuable property.
HOW DO I KNOW IF I HAVE IP?
Ask yourself this simple question: Have I created something I consider proprietary and would I be angry
if another person or entity copied or stole my creation and used it to make money for themselves?
If you answer “Yes”, then you likely have IP and the next steps are to identify what IP you have and how
to protect it.
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Copyright © 2017 by JDSALaw
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CATEGORIES OF IP
A trademark is a name, a series of words, a symbol or device used to
promote goods or services. A trademark used with services is technically a
services mark, but generally both service marks and trademarks are
referred to as trademarks or marks
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
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A trademark, is also commonly termed a “brand” as it is the brand
name under which goods or services are sold
The stronger the rights a mark has developed in public, the stronger the
mark’s ability to prevent others from infringing those rights for
commercial gain
Trademark rights and laws apply equally to domain name or website
address infringement such as if another entity is using your trademark in
a domain name and misdirects Internet traffic away from your website
without a valid right to do so
A patent is a set of exclusive rights granted by a government agency to an
inventor for a limited period of time and which allow the inventor to
commercially benefit from his invention during that time period
Patents are distinguishable from other forms of IP by being functional or
useful
 There are 3 types of patents:
 Utility Patent - for an inventor of a useful product, or who has made
an improvement in a previously designed product
 Design Patents - for inventors of an ornamental design
 Plant Patents – for inventors or discoverers of a new variety of plant

A copyright gives you ownership over two and three dimensional creations
which do not fall under the trademark or patent banner

Copyrightable materials include photographs and other images,
books, marketing materials, music, live performances memorialized in
recorded media format, artwork, and websites
A trade secret is a valuable business asset that may give a business a
competitive edge if they are kept secret. For example, customer lists, or a
secret recipe
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Copyright © 2017 by JDSALaw
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IP PROTECTION AND SYMBOLS
Recognized Symbol
 Trademarks earn rights through continuous use in public, and can
obtain additional protections through state and federal trademark
registrations
 Trademarks which are not federally registered can carry the ™ or SM
symbol
 If a federal registration is granted, a mark can carry the ® symbol.
The symbols put others on notice that you are claiming rights in the
mark
 Patent protection can only be obtained through the formal patent
prosecution process of the United States Patent Office
 As the inventor is required to publicly disclose his invention to obtain
a patent, the law grants him 20 years of exclusive rights to
commercially benefit from the patent
 Copyright protection commences as soon as the work is created
and the work should always carry a copyright notice, for example:
© 2017 Jane Smith
 To be eligible for copyright protection, the work must have some
degree of originality, making it different from other copyrighted
works
 A work has the option of obtaining additional protection through a
federal copyright registration. However, if the work becomes, or is
likely to become, the subject of a lawsuit, obtaining a federal
registration becomes mandatory
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Maintaining the secrecy of the information is critical. The first step is
for a business to clearly label trade secret information as such
 Also, a business must limit the number of people with access to the
secret information and ensure those persons understand the
confidential nature of the information
 Importantly, confidentiality and non-disclosure provisions should be
included in employee contracts with a proviso that employees
agree not to disclose confidential information to others even after
they have left the company
 Finally, confidentiality agreements should be in place when
conducting business with third parties and that business requires the
disclosure of the trade secret information
 A failure to take any or all of these steps may result in the loss of trade
secret protection for the business information
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Copyright © 2017 by JDSALaw
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STEPS TO PROTECTING YOUR IP
There are many steps to take to protect your Intellectual Property (IP).
1.
2.
3.
4.
Identify if you have IP and what kinds of IP you have
Complete the Intellectual Property Self-Audit Checklist
Take the necessary steps to protect your IP
Monitor your IP for proper use, update your IP protections, and police third party users of similar
IP for potential infringement
5. Consult with an attorney who specializes in IP
WHAT IF I DON’T PROTECT MY IP?
 Depending on the type of IP and your failures in protecting the IP, you may lose any and all exclusive
rights in that intellectual property
 For example, rights can be lost through a failure to add copyright or trademark notices to materials;
through the failure to publicly use a trademark on a routine basis; by failing to maintain the secrecy
of confidential information; or by allowing third parties to take and use your IP without objection
thereby waiving any rights you have in the IP
THE BOTTOM LINE
A company cannot do business without Intellectual Property.
 Trademarks are needed to identify to goods and services to be sold
 Copyrights protect the advertising and marketing campaigns and website materials
 Patents protect unique business processes or inventions which give a production edge over
competitors
 Trade secrets protect customer lists, research and development, and other confidential
information
As such, Intellectual Property is a valuable business asset and must be properly identified and
sufficiently protected. To assist you in auditing and protecting your IP, attached is an Intellectual
Property Self-Audit Check List.
NEED ASSISTANCE WITH IDENTIFYING YOUR IP?
In conjunction with this Self-Audit, Laraine Burrell from JDSALaw, offers a 30 minute introductory
consultation to discuss your completed Self-Audit Checklist and answer your IP questions.
Type of Introductory Consultation
 JDSALaw Office
 Telephone
 Local Office (Wenatchee/East Wenatchee)
 Extended Network – (Rock Island, Malaga, Cashmere, Leavenworth, Lake Wenatchee, Plain, Entiat,
Chelan, Manson, Brewster, Pateros, Bridgeport, Mansfield, Orondo, Waterville and Crescent Bar)
 Outside Network (outside the Extended Network listed above)
Cost
$150.00
$150.00
$200.00
$250.00
Contact Laraine
to discuss
Good luck in your endeavors!
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Copyright © 2017 by JDSALaw
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JDSA GENERAL IP CONSULTATIONS
At JDSA Law, we have a team of attorneys that practice IP law and can assist you with your IP needs.
Schedule a consultation with an IP professional who will perform the following for you:
1.
2.
3.
4.
5.
Provide additional education on the benefits of IP protection
Discuss your IP and assist you with identifying the ‘value’ of your IP
Analyze the risks of protecting or not protecting your IP
Assist you with identifying the necessary steps for protecting your IP
Recommend future actions that may be necessary to protect your IP beyond the initial filing
JDSA LAW IP TEAM
Please contact one of our IP attorneys for assistance.
Name
Laraine Burrell
Colleen Frei
Sally White
Email
[email protected]
[email protected]
[email protected]
Phone
(509) 662-3685
(509) 662-3685
(509) 662-3685
The information provided in this Publication is provided for your personal use and does not constitute legal advice. If you need legal advice for
a specific question or topic covered in this Publication, you should consult a licensed attorney. Your use of this Publication or conducting a
Consultation does not create an attorney-client relationship between you and Jeffers, Danielson, Sonn and Aylward, P.S., or between you and
Laraine Burrell.
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Copyright © 2017 by JDSALaw
April 2017 v 1.0
INTELLECTUAL PROPERTY SELF-AUDIT CHECKLIST
LIST OF IP
BY NAME
AND TYPE
DATE THE IP
WAS FIRST
USED IN
COMMERCE1
TRADEMARKS
IS THE IP STILL
BEING USED
REGULARLY IN
COMMERCE?
YES
NO2
IS THE IP
PROTECTED?
YES
NO
DOES THE IP
NEED
ADDITIONAL
PROTECTION?
YES
NO
CHECK BELOW THE
IP REQUIRING
FURTHER ACTION
COPYRIGHTS
PATENTS
TRADE SECRETS
1 The term “used in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in
a mark
2 Depending on the nature of the IP’s original use, and the length of non-use, you may no longer have the ability to claim rights in this IP.
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Copyright © 2017 by JDSALaw
April 2017 v 1.0