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Katz & Associates / Business intellectual property
A logo file, paid invoice, or domain registration does not answer every rights question. Identify the asset, the owner, and the protection that may fit.
Ownership before enforcement
Start with three questions. What was created? Who created it? What records show the business’s rights? Then check which copyright, trademark, patent, trade-secret, or contract rules apply.
“Intellectual property” is not one blanket protection for every idea or asset. Katz & Associates’ business and brand services address legal issues that may arise as a company develops and uses its work. Ask which specialist advice is needed for a particular right.
A rights-and-evidence inventory
For each row, name the creator or claimed owner. Find the record of rights. Decide who will do the next check. A missing record is a review task, not automatic proof that you have no rights.
| Business asset | Evidence and question to check |
|---|---|
| Name or logo | Who uses and claims the mark? Review clearance, use records, applications, and any transfer or license. |
| Website, code, photos, or artwork | Who created each part? Find the employment terms, assignments, licenses, and third-party content permissions. |
| Technical invention | Identify inventors, ownership agreements, prior disclosures, and any application. Ask a qualified patent practitioner about the relevant rights and limits. |
| Confidential process or list | Why does secrecy create value? Review access limits, agreements, handling practices, and what has already been disclosed. |
This is an educational inventory, not a clearance opinion or a finding that an asset qualifies for legal protection.
Payment and ownership are different facts
Start with who created the work and under what terms. An employee’s work within the scope of employment and a contractor’s commissioned work can follow different rules.
The Copyright Office’s work-made-for-hire guidance explains the limited categories. A contract’s use of that phrase does not automatically make every commissioned item a work made for hire. A written transfer of rights or a license may be needed.
The invoice is paid, and the business has a copy of the finished design.
Does the business own the copyright, hold a limited license, or need further permission for a new use? Read the agreement and the relevant law.
Look for third-party components too. A website may contain licensed photos, fonts, software, or other material with separate terms. Ownership of your own contribution does not erase those conditions.
Address these questions before work starts when possible. Our contract review guide includes created-work ownership and reuse as part of the deal, not an afterthought.
Choose the protection that matches the asset
Copyright: The Copyright Office explains that copyright protects qualifying original expression fixed in a tangible form, such as writing or a recording. It does not protect ideas, facts, systems, or methods themselves. A business concept and the written or visual work describing it are different things.
Trademarks: A mark identifies the source of goods or services. The USPTO’s trademark guide explains that the right is tied to that use and scope. It is not ownership of a word in every setting.
Before investing in a brand, consider a proper clearance review. A domain name or state business-name filing is not the same as trademark clearance or federal registration. The USPTO trademark process describes the separate registration steps.
Patents: A patent grants a right to exclude others from specified acts involving the claimed invention. It does not itself give you the right to make or sell the product. The USPTO’s patent-rights guidance explains that other rights and laws may still restrict use.
Filing an application is not a promise that a patent will issue or that the business has freedom to operate. Seek qualified patent advice before relying on an application or making a disclosure that could affect your options.
A confidentiality label is not the whole plan
Florida’s trade-secret definition requires value from secrecy and reasonable efforts to maintain that secrecy, among its terms. Not every customer list, process, or internal file qualifies.
An NDA may help define duties. It does not replace sound handling of the information. Ask who has access, why they need it, how access ends, and what staff or contractors may share.
Use practical controls suited to the information: appropriate permissions, secure storage, clear handling instructions, and a process for departures or vendor changes. The right steps depend on the facts. Do not assume a signed form fixes unrestricted public access.
Keep records of the steps taken. If information is lost or misused, preserve relevant records and seek advice promptly. Do not alter evidence or send an accusation before checking the facts and rights involved.
Prioritize the missing action
Choose the assets most important to the business’s next step. Is a new brand about to launch? Is a contractor building the core product? Will a vendor receive confidential information? The event helps set the priority.
For each asset, write one unresolved question and who will answer it. Obtain the actual agreement, license, or filing rather than relying only on a verbal assurance.
Bring the inventory into the startup planning process or the next contract review. The goal is to show the basis for the rights you rely on. A vague promise of full protection is not enough.
Start with the asset and the records
Discuss business and brand issues with Katz & Associates. Ask what help is available and whether you need a specialist.
Common questions
Not automatically. The work, relationship, agreement, and applicable rules need review. Check whether ownership was assigned or a license was granted.
No. Filing a company name and clearing a trademark answer different questions. Review the intended mark and relevant rights before relying on the name.
No. Its terms and enforceability matter, and trade-secret protection has separate requirements. The nature of the information and actual secrecy efforts are important.
About the author
By Katz & Associates. Published by Katz & Associates Law Firm.
This is general information, not a clearance, registration, or infringement opinion.
Sources checked October 26, 2026. The inventory does not establish ownership or legal protection.
