What Is Intellectual Property?

IP protects original works of the mind, such as literary and artistic works, inventions, designs, and company names.

Find out more about intellectual property basics

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what is intellectual property

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Updated on: December 26, 2024
Read time: 3 min

Intellectual property (IP) is everywhere. It can be a piece of music, a novel, an advertising slogan, a formula, or an invention. The most common categories of intellectual property rights are trademarks, copyrights, patents, and trade secrets.

And just like physical property, intellectual property needs to be protected.

woman photographer taking pictures in her studio in yellow shirt

Intellectual property laws

Intellectual property laws are created to obtain, protect, and enforce IP rights. "Most IP laws come from the U.S. Constitution and relate to patents, trademarks, copyrights, and trade secrets," says Kevin Bell, a Washington, D.C., intellectual property lawyer.

The United States Patent and Trademark Office ("USPTO") grants patents and trademarks, while the United States Copyright Office ("Copyright Office") allows people to register works of art, literature, software code, etc., as copyrights.

Trade secrets involve specific information for formulas or recipes, intentionally maintained as a secret because it gives the owner a competitive edge in the marketplace. Federal and state laws protect trade secrets.

Trademarks, copyrights, patents, and trade secrets

Trademarks, copyrights, patents, and trade secrets are the main categories of intellectual property rights and they work differently under the law. Bell explains how each intellectual property right works:

Trademarks

Trademarks normally protect brands and the logos used on goods and services. For instance, the word "Coca-Cola" in its cursive script is a trademark. These are the steps to obtain a trademark:

  • File an application and select what types of goods and services you want to use for the trademark.
  • A trademark examiner reviews the application to determine if anyone has already registered the same or similar mark. If not, the trademark is published in a public register to allow anyone to object.
  • If there is no objection, the trademark is approved.
  • A trademark remains in effect for potentially unlimited consecutive 10-year periods as long as the owner meets the legal requirements for renewals.

Copyrights

An author has immediate copyright as soon as he or she writes, draws, or designs a respective work. An individual may file an application to receive a federal registration for a copyright via mail, online, or in person. A registered copyright normally lasts for the author's lifetime plus an additional 70 years.

Patents

Patents protect novel ideas, processes, and inventions. After inventors file a patent application with the USPTO, an examiner reviews it and determines if the invention is patentable and has not been previously invented by another individual.

The examiner and patent seeker engage in several back-and-forth rounds debating on whether or not the patent should be granted. If the owner receives a patent, it is valid for 20 years from the application's filing or 17 years from the patent's issuance, whichever is longer.

Trade secrets

A trade secret is private, specific information that provides its owner an economic edge over competitors. To maintain a trade secret, the owner must do the following:

  • Take all reasonable steps to maintain the trade secret.
  • Control physical and electronic access to it.
  • Limit the number of people who have access to it.
  • Obtain employees' agreement to maintain secrecy.
  • Use nondisclosure agreements with any party that requires you to share the information, such as a regulatory agency.
  • Label documents with a trade secret stamp or watermark.

Protecting people and encouraging innovation

If you invented a novel product like an air fryer or if you come up with a catchy slogan, then you should receive credit for your idea. Intellectual property law mandates "others cannot use IP without the owner's permission," says Bell.

IP laws protect people and companies from others stealing their intellectual property and impacting their financial interests. But ultimately, Bell says that IP laws "encourage more people to come up with new ideas, inventions, works of art, literature, and music, which fosters to create new things and improve old things."

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

84 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
87 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
103 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
102 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
109 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
127 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
154 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
154 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
158 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
164 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
183 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
190 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
225 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
221 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
230 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
232 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
249 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
256 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
59 days ago
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Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
60 days ago
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Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
66 days ago
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Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
71 days ago
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Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
115 days ago
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So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
109 days ago
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Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
128 days ago
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Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
155 days ago
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Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
163 days ago
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Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
171 days ago
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Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
326 days ago
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Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
567 days ago
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Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1205 days ago
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Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1311 days ago
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Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1589 days ago
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Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1749 days ago
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LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

rjlog
144 days ago
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This is my 2nd provisional patent with…

This is my 2nd provisional patent with Legal ZOOM. This time I dealt with Mak Champ he was Great, went out of his way to make it as easy as possible. Thank You

JoeSnook
170 days ago
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Great Experience with LegalZoom

My experience in submitting a Provisional Patent Application has gone very smoothly so far. Customer Service and Support was very prompt and answered all my questions very quickly. I highly recommend Legal Zoom.

Viki Mann
228 days ago
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Sandra helped me make the additional…

Sandra helped me make the additional orders on my account for the patent information. She helped me on everything I asked for. Thank you for making a difficult process much easier. thnx.

Rodney Kreinbrink
289 days ago
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Tiffany was patient,professional and thoughtfully thorough!

Tiffany was patient, professional and thoughtfully thorough in her assisting me through procedures involving my patent processing!!

Valued Customer DT
289 days ago
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Professional and Kind

Carrie was extremely helpful in answering my general questions regarding the trademark and provisional patent application process and fees. She was clear and succinct while maintaining a level of kindness and understanding of my needs. She provided the exact information I needed, saving me time and effort in researching via other routes. Thank you!

Teresa
884 days ago
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Did a provisional patent application…

Did a provisional patent application (PPA). Streamlined and professional. Very helpful if ever needed. Always a pleasure to work with.

Bill K
932 days ago
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Wes is always great to talk to

Wes is always great to talk to. He seems just as excited as we are about the next step in our patent process

Ann
934 days ago
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LegalZoom is a great resource for…

LegalZoom is a great resource for anyone needing legal advice and in my case patent applications.

Patrick Walker
948 days ago
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Great service

Great service, easy to understand each step in the patent journey. Wes my account manger was great and extremely helpful. I firmly recommend this service to anyone who has an invention they need protecting.

Tony Cooper
Rated4.6out of 5 based on23,975+ reviewson

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