When it comes to growing a business, most entrepreneurs focus on product development, marketing, and sales. But there’s one area that’s often overlooked—and it could cost you big in the long run: your intellectual property (IP).
At Fargo Patent & Business Law, we work with businesses at every stage—from initial concept to market launch—to ensure they’re protected where it matters most. We specialize in Intellectual Property Law, Business Law, and Business Investments, helping companies across the country secure their assets, avoid legal pitfalls, and grow with confidence.
After working with hundreds of business owners, we’ve seen some common (and costly) IP mistakes. Below, we’ll break down the most frequent missteps and show you how to avoid them so you can protect your ideas, reputation, and long-term success.
1. Failing to Protect Trademarks Early
Many businesses wait until they’ve gained traction to register their trademark. But by then, it may be too late. Someone else could register it first—or worse, claim that you’re infringing on their trademark.
Trademarks protect your brand identity: your name, logo, slogan, packaging, and other unique identifiers. They help consumers recognize your products and services and differentiate you from competitors. Without a registered trademark, your brand is vulnerable to misuse, confusion, or legal claims.
What to do instead: Register your trademarks early. Conducting a trademark search and filing for registration at the beginning can save you from litigation, brand confusion, or a costly rebrand later. It’s a foundational step for building brand equity.
Pro tip: Don’t stop at the U.S. Trademark Office. If you plan to sell internationally, consider applying for international trademark protection through the Madrid Protocol.
2. Not Filing a Patent for Your Invention
You’ve put time and resources into developing a unique product, process, or piece of technology—but if you haven’t filed a patent, you don’t legally own the exclusive rights to it. That means someone else can copy it, profit from it, or file for a patent first, leaving you with little recourse.
The United States follows a “first-to-file” patent system, meaning whoever files first gets priority—regardless of who invented it first. If you publicly share your invention without filing, you could even lose your chance to patent it at all.
What to do instead: Work with a patent attorney to determine if your invention meets the criteria for a patent. If it does, file as early as possible—ideally before you launch or publicly disclose the idea. A provisional patent application can offer temporary protection while you refine your invention.
Not sure if your idea is patentable? A patentability search can provide clarity on whether your concept is truly unique and worth protecting.
3. Overlooking Copyright Protections
In the digital age, content is currency. From websites and software to marketing materials, photos, videos, and online courses—businesses generate a tremendous amount of creative content. And while copyright exists the moment original content is created, enforcing your rights without registration is an uphill battle.
Many businesses assume that copyright protection is automatic and sufficient. However, without official registration, it can be difficult (or impossible) to claim damages or stop infringement in court.
What to do instead: Identify what content in your business is copyrightable—written content, training materials, digital products, designs, and more. Register these assets with the U.S. Copyright Office to strengthen your ability to enforce ownership rights.
Helpful reminder: Registering your copyright also creates a public record of ownership, which can be a powerful deterrent against potential infringers.
4. Treating IP Like a One-Time Task
It’s easy to think of intellectual property protection as a checkbox item: file a few documents, and you’re good to go. But IP strategy should evolve with your business.
As you grow, launch new offerings, expand into new markets, or enter into partnerships, your IP portfolio needs to adapt. Failing to monitor and update your IP can leave you exposed—especially if competitors are actively filing or changing the landscape.
What to do instead: Revisit your IP strategy regularly. Conduct audits to ensure all assets are protected, and stay informed about industry developments. For growing businesses, consider in-house legal counsel services to keep your IP strategy aligned with your goals.
How often should you audit your IP? At least once a year, or any time your business pivots or expands into a new product line, territory, or partnership.
5. Assuming You Don’t Need Protection Yet
Startups and small businesses often assume they can’t afford IP protection or that it’s only necessary “once they grow.” Unfortunately, this mindset often results in costly consequences later—like losing the right to a name, invention, or key content.
Delaying IP protection can also signal a lack of preparedness to investors or partners. It may raise red flags during due diligence or stall future growth opportunities.
What to do instead: Prioritize IP protection as part of your launch strategy, not just your growth strategy. Starting early doesn’t mean doing everything at once—it means identifying what matters most now and making a plan for what’s next.
Investor tip: A well-documented IP portfolio increases your company’s valuation and makes it more attractive to investors, lenders, and potential buyers.
6. Using DIY Legal Services for Complex IP Matters
Online legal tools and templates may seem convenient, but when it comes to intellectual property, they often fall short. Improper filings, missed steps, or vague protections can result in wasted money and missed opportunities.
Every business is unique, and so is its intellectual property. Generic solutions often fail to capture the full scope of your IP rights—leaving gaps that others can exploit.
What to do instead: Work with experienced intellectual property attorneys who understand the nuances of trademark, patent, and copyright law. Legal protection isn’t one-size-fits-all, and customized guidance can make all the difference.
Think long-term: The upfront investment in quality legal guidance is small compared to the cost of IP litigation or brand loss.
7. Not Creating an Internal IP Policy
As businesses grow, multiple team members contribute to content creation, product design, branding, and innovation. Without clear internal guidelines, ownership rights can become murky.
For example, who owns the code written by a freelance developer? What happens to brand assets created by a contractor? Failing to outline IP ownership in employee or contractor agreements can lead to confusion, disputes, and lost rights.
What to do instead: Develop an internal IP policy that covers ownership of work created by employees, contractors, or collaborators. Make sure your agreements include clear IP clauses.
Bonus Tip: Don’t forget NDAs (non-disclosure agreements) when discussing sensitive innovations with outsiders—especially before you file for a patent or trademark.
The Fargo Patent & Business Law Difference
At Fargo Patent & Business Law, we believe your ideas are worth protecting. We help business owners at every stage create custom strategies for securing and leveraging their intellectual property.
Our team has filed thousands of trademarks and patents across a wide range of industries. We also offer ongoing in-house counsel services, giving you the peace of mind that your legal foundation is solid, up-to-date, and tailored to your goals.
Whether you’re preparing to launch, entering new markets, or scaling your operations, we’re here to help you:
● Identify what intellectual property you have (and what you’re missing) ● File trademarks and patents that hold up under scrutiny
● Monitor and enforce your rights when needed
● Stay ahead of legal risks with ongoing strategic support
● Strengthen your IP portfolio for investor readiness and future growth
Let’s Secure Your Future
IP protection isn’t just a legal formality—it’s a smart business move. If you’re investing in building a brand, creating innovative products, or scaling your reach, your intellectual property should be part of the plan.