FAQ: Do I always have to file for intellectual property protection?
Depending on the type of intellectual property, it may not be necessary to file or register in order to receive legal protection. Although patents must be filed and registered with the federal Patent Office to have legal protection, copyrights and trademarks do not have to be registered in order to receive some legal protections under state law. A common law copyright is gained as soon as a work is “fixed” in a permanent medium, while a common law trademark can be obtained through sufficient consistent use. However, registering copyrights or trademarks does confer additional benefits and legal protections.