ORIENT
Learn the basics
Short, plain answers to the questions founders ask most — before anyone asks you for anything. General information about how things typically work in the US, not legal advice.
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The basics
- What a trademark protectsNames, logos and slogans that tell customers who is behind what they buy.
- What copyright protectsOriginal creative work: writing, photos, video, music, art and code.
- What a patent protectsInventions and product designs, and why timing matters for them.
- Trade secrets: protection by keeping it confidentialRecipes, formulas, processes and code that stay valuable by staying secret.
- Why an LLC isn't IP protectionForming a company registers a company name with a state, not a trademark.
Names and classes
- Classes: why one filing doesn't cover everythingHow the register sorts what's sold, and why government fees are per class.
- What a name search can and can't tell youWhat the federal register shows, and the gaps any search leaves.
- Why some names are easier to protect than othersThe range from everyday words to invented names, as general education.
Costs and timing
- What protecting a name typically costsGovernment fees per class, typical attorney ranges and the costs that come later.
- How long it takes, and what founders commonly do in the meantimeThe typical path from filing to registration, and the wait in between.
- After you file: examiners, deadlines and official-looking solicitation lettersLetters from the examiner, response deadlines, and mail that only looks official.
Before you share
Ownership
Myth or fact?
Six things founders commonly believe, and what's actually true.
MYTH: My LLC protects my name.
WHAT'S TRUE
Forming an LLC registers a company name with a state. By itself, that isn't a trademark, and it doesn't stop others using the name as a brand.
Read: Why an LLC isn't IP protection →MYTH: Mailing it to myself proves it's mine.
WHAT'S TRUE
A sealed envelope doesn't register anything. Copyright generally applies once original work is recorded, and registration is a separate step with the US Copyright Office.
Read: What copyright protects →NOT ALWAYS: If I made it, I own it — even if I paid a freelancer.
WHAT'S TRUE
Without a written agreement that transfers the work, the person who made it may keep the copyright, even if they were paid.
Read: Who owns what you made (co-founders, freelancers, agencies) →NOT ALWAYS: My domain or social handle is my trademark.
WHAT'S TRUE
Registering a domain or a handle reserves an address. By itself, that doesn't create trademark rights.
Read: Why an LLC isn't IP protection →NOT ALWAYS: One trademark covers everything I sell.
WHAT'S TRUE
A registration covers the goods and services it lists, in its classes.
Read: Classes: why one filing doesn't cover everything →MYTH: If the register search shows nothing, I'm in the clear.
WHAT'S TRUE
A search of the federal register doesn't show businesses using a name without registering it, state filings or very recent filings, and a search by name can miss similar-sounding names and logos. An attorney reviews the results.
Read: What a name search can and can't tell you →
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