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LEGAL

IP, Trademarks, and Confidentiality

What Intellectual Property Should Startups Protect?

IP is a startup’s most valuable asset. Understanding the different forms—trademarks, copyrights, patents, and trade secrets—helps founders protect innovation and avoid disputes.

Why it Matters

Your startup's name, logo, code, content, and inventions are often more valuable than your physical assets. Protecting IP early helps prevent copycats, disputes, and problems in fundraising or M&A.

Founders Checklist
  • Identify all IP assets: name, logo, domain, code, content, product ideas

  • Distinguish between trademarks, copyrights, patents, and trade secrets

  • Confirm who owns what — founders, employees, contractors

  • Set up IP assignment agreements (especially with devs and designers)

  • Document and protect confidential know-how with NDAs when needed

Founder Fails
  • Didn’t register trademark > lost brand to competitor

  • No IP agreement with dev agency > ownership dispute

  • Used public Google Doc as product spec > leaked features to rivals

When to ask for Help
  • When deciding what parts of your product or brand to protect

  • Before filing any IP paperwork

  • If multiple founders or contractors are contributing to core assets

  • When evaluating competitors or naming your product

  • Before fundraising, partnerships, or licensing deals

Frequently Asked Questions

Q: Do I need to register everything right away?
A: Not always. Some protections (like copyright) apply automatically. But registration strengthens your rights and is often required in litigation.


Q: What’s the most important IP to secure early?
A: Your brand name (trademark) and product code/content (copyright). These are usually the most visible and most copied.


Q: What if I used a freelancer to build my MVP?
A: Make sure you have a signed IP assignment. Without it, they may legally own what they created.

Fractional Executives

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