FAQs

A copyright is the exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to use their material. Copyrights are filed with the U.S. Copyright Office. Learn more about copyrighting and the process of getting your material protected by visiting their website.

If you have a new technology or innovation that you're developing, we'll be glad to help you understand the patent process and refer you to a patent attorney if necessary. Be aware that scams abound in this area. A provisional patent application is NOT a patent application.

SBDC consultants can help with preliminary trademark searches related to naming your business or creating a unique logo. For details on registering a trademark see the FAQs section of our companion website, business.idaho.gov.

Many different legal aspects must be considered when starting or growing a small business. These include: the business structure you choose (entity type), zoning, permits, taxes, registrations, worker’s compensation insurance if you have employees, patent and trademark registrations, leases, contracts, discrimination, and much more. The SBDC does not provide legal advice or services and strongly recommends you consult with an attorney.

Your choice of business structure impacts taxes, liability and other areas of your business. The basic structures of business ownership are sole proprietorship, limited liability company (LLC), partnerships, c-corporations and sub chapter s-corporations. Among other considerations, selection of a business structure depends on the level of control you desire, the size and nature of the business and possible vulnerability to lawsuits. Read through the benefits and limitations of each structure type on the Legal Structure page of business.idaho.gov then consult with an attorney and an accountant to determine the structure that works for you.

Protecting your personal and business assets begins with the business structure you choose. Registering an LLC or corporation offers liability protection if you are careful not to co-mingle your business and personal finances. Your attorney should create the appropriate legal agreement to govern your business - Articles of Incorporation, an Operating Agreement or Partnership agreement. All need to conform to Idaho law, include details  of how business finances will be handled and by whom and be regularly updated. Registering only an assumed business name, which creates a sole proprietorship, offers no legal protection and puts your personal assets at risk, as well as your business ones. Your SBDC consultant can suggest some safeguards to help protect your assets, beginning with good business practices. We are here to help clarify and define additional practices that will help reduce your risks.

Your trademark, also known as a service mark, can be registered in three ways:

State Registration: The Idaho Secretary of State registers trademarks in Idaho. Your trademark must be unique and not similar to one already registered. Be aware that registering your trademark only in Idaho does not provide national protection from its use by a business in another state.

National Registration: U.S. Patent & Trademark Office Before registering, you will want to make a search to be certain the word or logo is not already trademarked. National Trademark Search

International Registration: Madrid – The International Trademark System

The trademark symbol ™ can be used on written materials that include your unique name or logo (including your website) to indicate that your business claims an ownership right in the use of the symbol or word. You do not need to register your trademark to use the symbol, though it is a good idea to do so if you want to protect the name or symbol from use by others.

If the trademark is registered with the U.S. Patent and Trademark Office, the Registered ® symbol is used. Using the symbol gives public notice that the logo or name is trademarked and cannot be copied without legal consequences.