When you are launching a new product, developing a catchy logo, or creating unique content, the last thing you want is for someone to steal your hard work. Unfortunately, in the fast-paced world of commerce, competition is fierce, and ideas are often duplicated, so protecting your unique works is crucial.
Texas’ intellectual property laws are designed to help you protect your innovations, but understanding how they work can be a challenge. As a business owner, you might be wondering how to safeguard your brand, ideas, and products from competitors who want to cash in on your success. At Quadros Migl & Crosby, we have years of experience guiding businesses like yours, and we can help you understand your rights and options under Texas law. Whether you need help with trademarks, copyrights, patents, or trade secrets, we’re here to ensure your intellectual property is protected.
What to Know About Intellectual Property in Texas
Intellectual property (IP) law protects the creations of the mind, including inventions, literary and artistic works, symbols, names, and designs. In Texas, IP laws are shaped by both federal and state regulations.
Intellectual property refers to a wide range of intangible assets that result from human creativity. This can include:
- Trademarks: Brand names, logos, or symbols used to distinguish products or services.
- Patents: Protections for inventions or processes.
- Copyrights: Protection for original works of authorship like books, music, and art.
- Trade Secrets: Confidential business information that gives a company a competitive edge.
Each of these areas of IP is governed by different laws and has its own set of protections.
Trademarks
A trademark is any word, name, symbol, or design that identifies and distinguishes the source of goods or services. In Texas, trademarks can be registered both federally with the United States Patent and Trademark Office (USPTO) and at the state level through the Texas Secretary of State’s office.
Federal registration offers nationwide protection and is recommended for businesses operating across multiple states. Texas registration, on the other hand, offers protection only within the state. It is simpler and less expensive than federal registration, but it does not offer as broad of protection.
Patents and Patent Law
Patents protect inventions, allowing the inventor to control how their invention is used. While Texas doesn’t have its own patent law, patents are governed by federal law through the USPTO. Types of patents include:
- Utility Patents: Protects the functionality of a new invention or process.
- Design Patents: Protects the unique visual qualities of a product.
- Plant Patents: Protects new varieties of plants that have been asexually reproduced.
To obtain a patent, conduct a thorough patent search and file a patent application with the USPTO. A qualified patent attorney can help you navigate the application process.
Copyright Law
Copyright law protects original works of authorship, such as books, music, movies, and software. Copyright protection in Texas, as in the rest of the U.S., is governed by federal law under the U.S. Copyright Act. Texas businesses, especially in media and entertainment, often rely on copyright protection.
Works that can be copyrighted include:
- Literary writings
- Musical compositions
- Software
- Films and videos
- Architectural designs
Although copyright protection is automatic once a work is created, registering it with the U.S. Copyright Office provides additional legal benefits. The registration process involves submitting a completed application, a copy of the work, and a filing fee.
Trade Secrets
A trade secret is confidential business information that provides a competitive advantage, such as formulas, processes, or customer lists. In Texas, trade secrets are protected under the Texas Uniform Trade Secrets Act (TUTSA), which aligns with federal law.
To be considered a trade secret in Texas, the information must:
- Be commercially valuable
- Be subject to reasonable efforts to keep it confidential
- Not be generally known or readily accessible by the public
Businesses can protect their trade secrets through physical and digital security measures or non-disclosure agreements (NDAs) that prevent employees or partners from sharing confidential information.
Intellectual Property Infringement
Intellectual property infringement occurs when someone uses, copies, or sells another person’s IP without permission. In Texas, IP infringement can lead to civil lawsuits, and in some cases, criminal penalties. Potential remedies for infringement include cease and desist orders, court orders, injunctions, and compensation for financial losses caused by the infringement.
What to Do if Your Intellectual Property is Violated
If you believe someone is infringing on your intellectual property rights in Texas, it is essential to take immediate action. Collect evidence showing how your intellectual property is being used without permission and promptly seek legal advice. A Texas intellectual property attorney can advise you on the best course of action, which may include sending a cease and desist letter or filing a lawsuit.
Consult a Skilled Intellectual Property Lawyer in Texas Today
Protecting your intellectual property is not just about legal safeguards — it’s about securing the future of your business. At Quadros Migl & Crosby, we understand the unique challenges you face and are committed to providing tailored solutions that meet your needs. Our experienced attorneys are here to guide you through the complexities of Texas’ intellectual property laws, ensuring your ideas and creations are well-protected.
Don’t leave your intellectual property vulnerable to potential infringement or theft. Reach out to us today to discuss how we can help you navigate these critical legal matters with confidence. Contact us at (713) 300-9662 or fill out our contact form to schedule a consultation. Let us help you secure your business’s most valuable assets so you can focus on innovation and growth.
