Aug 28
Do you know how to protect your intellectual property?
August 28, 2017
“We work, but we have fun” is one of Jossie Arroyo’s favorite phrases. Jossie is the founder of Bien Cool. The business was born out of a need to supplement her income, and at first she just sold cards for special occasions. Fortunately, the reception to her designs and sayings led her to dedicate herself to the business full-time and it has evolved and become a full line of products, including pillows, cushions and more, which she sells in a store in Old San Juan and online.
Jossie’s expansion plans include marketing beyond the island. She is concerned, however, that beyond registering her trademark, Bien Cool, she needs to prevent theft of her creations, which combine popular sayings and phrases of her own with attractive and charming designs.
We contacted attorney Maristella Collazo, assistant director of the Intellectual Property Department at the law firm of Ferraiouli, LLC, who shared the following information with Jossie.
How much do you know about intellectual property? | Mi Negocio es Popular
- In protecting intellectual property, there are four areas of registration:
- Patents, which is a federal protection for inventions.
- Business secrets, which protects the confidentiality of a business’ competitive advantages, such as prices, marketing strategies, formulas and more.
- Trademarks, which are names, colors, sounds or slogans of the business and/or its products and services, such as the brand Bien Cool.
- Copyright, which protects ideas and products such as Jossie’s and is a federal protection.
- For businesses like Bien Cool, the recommendation is to register the exclusive designs in the United States Copyright Office. This can be done on the agency’s web site. If the designs are commissioned from a third party, there should be a written contract with the supplier of the design that once it is acquired and paid for, the copyright transfers from the author to the business.
- For exports outside the United States, the recommendation by attorney Collazo is to identify a law firm or legal advisor that can provide guidance about local laws in the importing country, as these laws vary from one country to another.