This is a guest post by Sotiria Krikelis

How great would it be if a family member or a friend was an IP attorney?  How great would it be if they did all your legal documents?  How great would it be if you could run to them with tons of questions and not get charged?  This would be ideal, but unfortunately, most of us are not this lucky.  Intellectual Property attorneys come with a hefty price tag, a price tag that start up businesses can’t afford.

Trademarks are easier to understand of the two and basically in a nutshell it protects your brand name.  A trademark is usually a logo, symbol, or design that is used to identify the products which your company is associated with.  It’s also used to differentiate your business products from others.  Put it this way, if you had a clothing line named “Too Cool” you wouldn’t want another clothing line to come out and call itself “Too Cool.”  This will cause confusion in the marketplace.

The first thing a company should do when deciding on a brand name or logo is to search it on the USPTO website, www.uspto.gov.  It’s very simple to search and anyone can do it.  If you see the words you want to represent your business pop up, then that trademark is taken and you need to move on.  Don’t be upset or get frustrated, it happens to all of us and the best thing you can do is to accept it and brainstorm on a better name.  Filing a trademark is also something you can do yourself.  The more you work on something, the easier it gets.  You don’t need a big shot attorney that charges $500 an hour to type in a few words to file your trademark.  Buy a book from www.NOLO.com called Trademark, Legal Care for Your Business and Product Name. The NOLO website has many great books written by attorneys that are easy to read and self explanatory.  You can easily file your trademark in a few hours with the help of the book and with the help of the USPTO.  Many people forget the USPTO has a phone number and people behind those phones that will help you out.  Call them up and ask questions!

Patents are an interesting topic and many people have different opinions on them.  From my experience, if you are not TRULY inventing something and just re-inventing, then file a patent pending application and get to work.  If you are inventing a brand new software technology or a robot, then spend time on an intricate patent.  Most entrepreneurs and inventors are re-inventing, meaning they have discovered a better way on an old product.  Filing a patent pending application is very simple and can be done by writing two short pages and sketching your design.  Purchase a book from NOLO.com and follow the patent pending steps.  Essentially a patent pending application, or a provisional patent, has no value and does not protect you from anything.  It only says that you will be filing a real patent on your product within a year and all infringers should be aware of this.  However, if an infringer wants to go ahead and bring to market the same product while you’re in patent pending status, they can legally do so since you don’t have a full fledged patent and exclusive rights.

Some inventors won’t even begin working on their idea until the patent has been approved.  Being that it takes two to three years to have a patent granted; you’re going to be spending a lot of time waiting around.  There isn’t any need to wait until your patent is accepted, instead, file your patent and have everyone you come in contact with to sign Non Disclosure Agreements to maintain confidentiality.

What many small businesses don’t realize is that patents are a piece of paper and they are only as good as you are willing to fight.  By fight I mean spend lots and lots of money on attorney fees for litigation in court.  Once you see an infringer, it is up to you to gather evidence and fight your copycats.  You’re going to be spending more time and money on fighting than you are on actually profiting from your business.  Knockoffs are not a matter of if but a matter of when.  It’s key to write a quick provisional patent and then make moves.

Provisional patents expire in a year and by that time you could have written your own patent and hired an attorney to write the claims portion, which is the most important part.  It’s better to do the legwork yourself instead of paying $10,000 for a high priced attorney that charges you the minute they pick up the phone to talk to you.

One very, very important tip that I will reveal on how to get a lawyer for free is an option definitely worth visiting.  Call your local Law School and ask if they have an entrepreneurial program which students run under the supervision of professors.  Almost all Law Schools have this; put it this way, law students need experience and they get it by working for free on projects.  There is usually a limit on what they can do, but setting up your corporation, filing trademarks, and patent advice are all tasks they can handle.  The Bar Association is another great resource that is free to the public to call and ask about pro bono lawyers.  Unlike Law Schools, the Bar Association is compiled of full-time practicing attorneys.  I actually had a pro bono attorney write my entire patent.  I’m glad I picked up the phone and asked because it saved me an enormous amount of time and money.  I would advise anyone to go the Law School and local Bar Association route first.

Sotiria Krikelis is the Owner/Foundress of Relax Missy which are trendy foldable ballet flats for modern women on the go.  At 27 years old, she launched her own business and is excited to be living out her vision for the past few years: working for herself.  With many future goals in mind, Sotiria has taken the first steps most people dream about and doesn’t plan on ever stopping.  The entrepreneurial world is something she has embraced and loves every minute of it.  You can follow her on twitter @relaxmissy or facebook at http://tinyurl.com/27k8xkp or visit her website at www.relaxmissy.com.