Food Start Ups Advice: One of the most common mistakes I see with new startups is the failure to protect their intellectual property (their "brand") through trademarks and copyrights. One of the first things a new business owner does is choose a name for the venture. Often these new owners register the business name with their Secretary of State and then think they own the exclusive rights to the business name - this is not the case! In order to fully protect the use of the name (and more importantly ensure they are not infringing on someone else's name), it is critical to secure a federal trademark for the business name.

One option for securing a federal trademark is to hire an intellectual property attorney. But this can often be very expensive. The less expensive route is to search for and apply for the trademark yourself with the United States Patent &Trademark Office. To begin the process, go to http://www.uspto.gov. Click on "Trademarks" in the left column, and then click "Search TM database (TESS)." Finally click on "New user form search (basic)." This is your starting point to search and make sure that somebody else is not already using the name. It can be very costly if you skip this step and find out down the road that someone else owns your business name (especially if it is a large business with deep pockets).

Once you determine that your business name is not already in use, you'll want to begin the application process to secure your own trademark. Start here to get an overview of the process - http://www.uspto.gov/web/trademarks/workflow/start.htm. This web page has many other links where you can learn more details about how it all works. Filing a trademark registration only costs $325, so it is well worth your time and money to take care of this early on in your new business venture. Good Luck!

~ David