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IP Strategy for Businesses
Whether focusing on personal resolutions, cleaning out closets, or simply looking forward to starting a new calendar year, many employ a "fresh eyes" approach come January 1. So, how can that translate to your business? Will you set business resolutions? Revamp your marketing campaign or launch a new and improved website? Perhaps one area somewhat overlooked at this time of the year is intellectual property. The New Year is the perfect time to evaluate and update your IP rights—not just in connection with marketing or website updates, but also with an eye toward how you can protect, maximize, and grow your IP assets. Below are five steps to consider in making your business resolutions for 2026.
Conduct a comprehensive IP audit
Before you can consider how to better protect and grow IP assets, you have to identify those assets. Start with a comprehensive audit of what you do—and do not—own. IP rights include trademarks (brands, logos, and taglines), trade dress (color schemes, packaging), copyright (content, visual art), and patents (key designs, processes, machines, and other inventions). Whether internally or through your trusted IP counsel, identify all existing trademark, trade dress, copyright, and patent registrations. In the process, take note of any maintenance deadlines for the upcoming year to plan expenses and ensure no valuable rights are inadvertently lost. At the same time, confirm that the proper corporate entity is listed as the owner of each registration and that the contact information on file with the U.S. Patent and Trademark Office or Copyright Office is up to date. This will ensure that no key communications are missed.
Next, take stock of new brands, logos, taglines, trade dress, content, designs, processes, or inventions that your business has begun using in the past twelve months, or will begin using sometime in the new year. This part of the process can be especially important to any patents that have not yet been registered, as public disclosure of the specific design, process, or machine can impact whether (and for how long) a patent registration is even an option. A good place to start is any company website, social media, or active marketing campaigns to see what brands and content are consumer-facing now (or are expected to be consumer-facing at some point in the new year).
Register New IP
Now that you have identified what you do and do not own, the next key step is to apply for federal registration of any new or upcoming trademarks, trade dress, copyrights, or patents. In addition, take note of any logos or trademarks that have been updated, as some updates will result in the need for a new registration. For example, if you have an existing federal trademark registration for a logo that consists of certain words displayed horizontally within the logo and you later begin using a version of the logo where the wording is stacked vertically, the latter will likely be considered by the USPTO to be a "material alteration" of the former. This means that your existing registration may not cover the updated version of the logo and use of the updated logo will not be sufficient to maintain your existing registration going forward. Keep in mind that you do not always need to have use before you file for federal registration. When you can file for federal protection depends on the nature of the IP right, so check in with your IP counsel to be sure you are not unnecessarily delaying any valuable federal protections.
Educate Employees
When it comes to properly using, protecting, and maintaining your IP rights, it is imperative that more than your legal counsel and C-suite executives understand how that IP works. This training should include an understanding of what each type of IP protects, what constitutes proper use, and what is required to register and maintain IP assets. In the context of patents, this can require that those working with the patented design, process, or machine understand how and when public disclosure can occur. For copyrights, this could mean confirming that pertinent personnel understand and are properly licensing any third-party use. And as relates to trademarks, this could mean ensuring marketing and web designers understand what constitutes "use in commerce," and how to ensure that any marketing or website updates do not undermine existing registrations.
Proactively Monitor For and Enforce Against Infringement
Beyond securing federal registration, part of protecting your existing IP rights is identifying and enforcing against any infringement of those rights. Widespread, third-party use can devalue your registration rights if left unchecked. Start by developing some method of identifying infringement. This could be an internal process with regular Internet searches and sweeps, or you can outsource the task and have your IP counsel employ monitoring programs and other measures to identify potentially infringing third party use—including the filing of third-party applications for registration that could be an issue. Another key aspect of this step is determining your enforcement process. There are a number of options you can pursue, ranging from a cease-and-desist letter directly from your company or from your attorney to the third party, submitting takedowns to various websites or platforms to have infringing content removed, processes for challenging the ownership and use of web domains that infringe on your federally registered rights, all the way to formal IP litigation. Identify which of these measures you want to include in your enforcement process and then decide whether to handle those processes in house or outsource them to your counsel.
Look for Ways to Leverage Your Existing IP Rights
Finally, consider ways to leverage and grow your existing IP rights. Consider expanding advertising and marketing of existing IP in order to get "more bang for your buck" from existing registrations. And beyond internal options, identify any opportunities to license your existing IP for third party use to further monetize your existing IP. Your IP counsel can assist you in identifying creative ways to develop and grow what you already have in order to increase the value of your existing portfolio.
The New Year is a great time for new beginnings and fresh starts. Make it your business resolution to apply these five key steps as needed to protect, maintain, and grow your valuable IP rights in 2026.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
