Trademark primer for Raleigh entrepreneurs: register early, document use and protect trade secrets

Catherine Brock, an IP attorney at Smith Anderson, told the workshop that intellectual property is a business strategy that can be monetized, licensed and used to attract investors. “Trademarks are source identifiers,” she said, adding that names, logos, sounds and even fragrances can function as marks.

Brock walked attendees through the basic IP categories—patents (inventions), trademarks (brands), copyrights (original works) and trade secrets (confidential know‑how)—and stressed that trade secrets remain protected only while they are kept secret. She urged startups to execute written IP‑assignment agreements with founders, employees and contractors to avoid later ownership disputes.

On trademarks she recommended clearing and testing names before significant investment: a mark that merely describes a product (“Green Chair” for a green chair) is likely unregistrable, while an arbitrary or fanciful name is more defensible. Federal registration at the U.S. Patent and Trademark Office gives nationwide notice and enforcement rights; Brock described the application process (initial examination, publication for opposition, proof of use and renewal filings). She also noted a state trademark filing is available and can be faster and cheaper for strictly local protection.

Brock said businesses can file on an “intent‑to‑use” basis before sales begin to preserve priority, but must place the mark into actual commerce within the statutory window. She advised founders to budget for renewal filings and to maintain proofs of continued use to keep registrations active.

Ending: Entrepreneurs were advised to run a trademark clearance search before committing to a brand, use written IP‑assignment agreements for all contributors, and consult trademark counsel before applying for federal registration or rebranding.