Intellectual Property Protection in Minnesota
Overview
Intellectual property (IP) law protects the things you create with your mind: your brand name, creative works, inventions, and business secrets. While most IP law is federal, Minnesota has important state laws that protect trade secrets and prohibit deceptive trade practices under Minn. Stat. § 325D .
There are four main types of intellectual property:
- Trademarks — Protect brand names, logos, and slogans that identify your business
- Copyrights — Protect original creative works like writing, art, music, software, and photographs
- Patents — Protect new inventions and processes
- Trade secrets — Protect confidential business information that gives you a competitive advantage
This guide explains the basics of each type, how to protect your IP in Minnesota, and what to do if someone uses your work without permission.
Who this guide is for: Minnesota residents, small business owners, artists, and creators who want to understand and protect their intellectual property.
- Copyright protection begins automatically when you create an original work and fix it in tangible form – you do not have to register.
- Trademark rights can arise from using a mark in commerce, even without registration.
- Trade secrets are protected under Minnesota law (MUTSA) if you take reasonable steps to keep them secret.
- Your employer cannot claim ownership of work you created on your own time using your own resources, unless you have a written agreement saying otherwise.
- You can file a DMCA takedown notice for free if someone copies your work online.
- Minnesota offers state trademark registration for as little as $50.
This is legal information, not legal advice. For help with your specific situation, contact a legal aid organization.
Do I Need IP Protection?
You may need to take steps to protect your intellectual property if:
- You have a business name, logo, or slogan that identifies your brand
- You have created original works (writing, art, music, software, photographs, designs)
- You have developed a new product or process that you want to keep others from copying
- You have confidential business information (customer lists, formulas, methods) that gives you a competitive edge
- Someone is using your work or brand without permission
- You are starting a business and want to protect your brand before someone else claims it
The Four Types of Intellectual Property
Trademarks
A trademark is a word, phrase, symbol, or design that identifies the source of your goods or services. Think of brand names and logos.
- Common law rights arise automatically when you use a mark in commerce. You do not have to register.
- State registration with the Minnesota Secretary of State gives you additional protection within Minnesota.
- Federal registration with the U.S. Patent and Trademark Office (USPTO) gives you nationwide protection and important legal advantages.
Copyrights
Copyright protects original works of authorship, including:
- Books, articles, and blog posts
- Music and sound recordings
- Photographs and artwork
- Software and website content
- Films and videos
Copyright protection begins automatically when you create the work and fix it in a tangible form (write it down, save it, record it). You do not have to register. However, federal registration with the U.S. Copyright Office gives you the ability to sue for infringement and recover statutory damages and attorney fees.
Patents
A patent gives you the exclusive right to make, use, and sell an invention for a limited time (usually 20 years for utility patents). Patents are granted by the USPTO and require:
- The invention must be new (novel)
- The invention must be useful
- The invention must be non-obvious to someone in the field
Patent applications are complex and expensive. Working with a patent attorney is almost always necessary.
Trade Secrets
A trade secret is any business information that:
- Has economic value because it is not generally known
- You take reasonable steps to keep secret
Examples include customer lists, manufacturing processes, recipes, pricing strategies, and software algorithms. Minnesota protects trade secrets under the Minnesota Uniform Trade Secrets Act (MUTSA), found at Minn. Stat. § 325D.11 through Minn. Stat. § 325D.16 .
Step-by-Step Process
Step 1: Identify Your Intellectual Property
Before you can protect your IP, you need to know what you have. Take an inventory:
- Brand assets — Business name, product names, logos, slogans, website domain names
- Creative works — Written content, designs, photographs, music, software, videos
- Inventions — New products, processes, or methods you have developed
- Confidential information — Customer lists, supplier contracts, pricing formulas, business methods, proprietary software
For each item, note:
- When it was created
- Who created it (you, an employee, or a contractor)
- Whether it has been publicly disclosed
- Whether any registration or protection is already in place
Step 2: Register Your Protections
Trademarks:
- Search first. Before registering, search the USPTO database (TESS) and Minnesota Secretary of State records to make sure your mark is not already in use.
- State registration: File an application with the Minnesota Secretary of State. The fee is approximately $50. This provides protection within Minnesota.
- Federal registration: File an application with the USPTO at uspto.gov. The fee starts at $250 per class of goods/services. Federal registration gives you nationwide protection, the right to use the (R) symbol, and a legal presumption that you own the mark.
Copyrights:
- Register with the U.S. Copyright Office at copyright.gov. The fee starts at $65 for a single work. Registration is not required for protection, but it is required before you can file a lawsuit for infringement, and it enables recovery of statutory damages and attorney fees.
Patents:
- File a patent application with the USPTO. This is a complex process that typically requires a patent attorney. Costs range from $5,000 to $15,000 or more for a utility patent.
- Consider a provisional patent application ($80 for micro entities) to establish an early filing date while you prepare a full application. A provisional application gives you 12 months to file the full application.
Trade secrets:
- Trade secrets are not registered. Protection comes from keeping the information secret. Take reasonable steps such as:
- Using non-disclosure agreements (NDAs)
- Limiting access to confidential information
- Marking documents as “Confidential”
- Using passwords and security measures
- Including confidentiality provisions in employee handbooks
Step 3: Monitor for Infringement
Once your IP is protected, watch for unauthorized use:
- Set up alerts — Use Google Alerts for your brand name, product names, and key terms
- Search online marketplaces — Check sites like Amazon, eBay, and Etsy for counterfeit products
- Monitor social media — Look for unauthorized use of your brand, logos, or content
- Watch competitor activity — Keep an eye on businesses in your field
- Check USPTO and state trademark databases periodically for new filings that may conflict with your marks
Step 4: Send a Cease and Desist Letter
If you find someone using your IP without permission, the first step is usually a cease and desist letter. This is a formal letter that:
- Identifies your intellectual property and your rights
- Describes the infringing activity
- Demands that the person stop using your IP immediately
- Sets a deadline to respond (usually 14 to 30 days)
- Warns of legal action if they do not comply
A cease and desist letter often resolves the matter without a lawsuit. Many people do not realize they are infringing and will stop when notified.
For online infringement, you may also file:
- A DMCA takedown notice with the website hosting provider (for copyright infringement)
- A trademark complaint with the online marketplace (Amazon, eBay, etc.)
Step 5: Consider Litigation
If a cease and desist letter does not resolve the matter, you may need to file a lawsuit. Your options depend on the type of IP:
- Trademark infringement — File in federal court (for federally registered marks) or state court. You can seek an injunction (court order to stop the infringement), actual damages, and in some cases, the infringer’s profits.
- Copyright infringement — File in federal court (federal registration is required to sue). You can seek an injunction, actual damages or statutory damages (up to $150,000 per work for willful infringement), and attorney fees.
- Patent infringement — File in federal court. Patent litigation is expensive, often costing $500,000 or more.
- Trade secret misappropriation — File in state court under MUTSA ( Minn. Stat. § 325D.11 through Minn. Stat. § 325D.16 ) or in federal court under the Defend Trade Secrets Act. You can seek an injunction, actual damages, and in cases of willful misappropriation, up to double damages plus attorney fees.
Deceptive trade practices — Under Minn. Stat. § 325D.44 , Minnesota’s Deceptive Trade Practices Act, you can also sue someone who passes off goods or services as yours, or causes confusion about the source of products.
Key Deadlines
| Deadline | Details |
|---|---|
| Copyright registration | Required before filing a lawsuit; register promptly for maximum protection |
| Copyright statute of limitations | 3 years from the date you knew or should have known about infringement |
| Trademark renewal (federal) | Between years 5 and 6, then every 10 years |
| Trademark renewal (Minnesota) | Every 10 years |
| Patent application (after provisional) | 12 months from provisional filing date |
| Trade secret claim (MUTSA) | 6 years from misappropriation or discovery ( Minn. Stat. § 325D.165 ) |
| Deceptive trade practices | Varies; consult an attorney |
Costs & Fees
| Item | Cost |
|---|---|
| Minnesota state trademark registration | ~$50 |
| Federal trademark registration (USPTO) | $250 – $350 per class |
| Copyright registration (U.S. Copyright Office) | $65 – $85 per work |
| Provisional patent application | $80 (micro entity) – $320 (large entity) |
| Utility patent application (with attorney) | $5,000 – $15,000+ |
| DMCA takedown notice | No cost (you can file yourself) |
| Attorney fees (IP matters) | $200 – $400 per hour (typical range) |
IP protection is an investment. Start with the most important protections (trademark registration and copyright registration) and add others as your business grows.
Non-Compete and Non-Disclosure Agreements
Minnesota law allows employers to use non-compete agreements and non-disclosure agreements (NDAs) to protect business interests, with some limits:
- Non-compete agreements must be reasonable in scope, duration, and geography. Courts will evaluate whether the restrictions are necessary to protect a legitimate business interest.
- Non-disclosure agreements protect confidential information and are generally enforceable if they clearly define what information is covered.
- Minnesota law prohibits non-compete agreements for certain employees and in certain situations. Check current Minnesota law for the latest restrictions.
If you are asked to sign a non-compete or NDA, or if you want to use one to protect your business, consult an attorney to make sure the agreement is enforceable.
Intellectual Property Protection Checklist
When to Get a Lawyer
IP law is specialized. Consider getting a lawyer if:
- You need to register a patent (almost always requires an attorney)
- Someone is infringing your trademark, copyright, or trade secret
- You have received a cease and desist letter from someone claiming you infringed their IP
- You need to draft or review a non-compete or NDA
- You are licensing your IP or negotiating an IP agreement
- You want to enforce your rights through litigation
- You are starting a business and need a comprehensive IP strategy
Many IP attorneys offer initial consultations to help you evaluate your situation.
Related Guides
A step-by-step guide to forming a limited liability company (LLC) in Minnesota. Learn the process, costs, and ongoing requirements. A plain-language guide to understanding and resolving contract disputes in Minnesota, including breach of contract, remedies, and the court process. A plain-language guide to understanding commercial lease issues in Minnesota, including lease terms, disputes with landlords, and legal options for business tenants.How to Start an LLC in Minnesota
Contract Disputes in Minnesota
Commercial Lease Disputes in Minnesota
Where to Get Help
Volunteer Lawyers Network
LawHelpMN
Minnesota State Bar Association Lawyer Referral
- Volunteer Lawyers for the Arts (Minnesota) — Free and low-cost legal help for artists and creative professionals.
- U.S. Patent and Trademark Office (USPTO) — Trademark search and registration at uspto.gov. The Minnesota regional USPTO office can provide guidance.
- U.S. Copyright Office — Registration and information at copyright.gov.
- Minnesota Secretary of State — State trademark registration at sos.state.mn.us.
- SCORE (Service Corps of Retired Executives) — Free business mentoring, including guidance on IP protection, at score.org.
Frequently Asked Questions
Do I need to register my copyright to be protected?
No. Copyright protection begins automatically when you create an original work and fix it in tangible form (write it down, save it digitally, record it). However, you must register with the U.S. Copyright Office before you can file a lawsuit for infringement. Registering early also lets you recover statutory damages and attorney fees, which can be significant.
What is the difference between a trademark and a copyright?
A trademark protects brand identifiers – names, logos, and slogans that tell customers who made a product or provides a service. A copyright protects creative works – books, music, art, software, photographs. A business name or logo can be protected by trademark, while the content on your website or the design of your product packaging may be protected by copyright. You may need both.
Can I trademark my business name?
Yes, if your business name is distinctive and not already in use by another business in your field. Generic or purely descriptive names (like “Minnesota Plumbing” for a plumbing company) are difficult or impossible to trademark. Unique, creative names receive the strongest protection. Search the USPTO database before investing in a name.
What should I do if someone copies my work online?
Start by documenting the infringement (take screenshots with dates). Then file a DMCA takedown notice with the website’s hosting provider or the platform where the content appears. Most platforms (YouTube, Facebook, Instagram, Amazon) have processes for reporting copyright infringement. If the infringement continues, consult an attorney about sending a cease and desist letter or filing a lawsuit.
How do I protect a trade secret?
You protect a trade secret by keeping it secret. Under MUTSA ( Minn. Stat. § 325D.11 through Minn. Stat. § 325D.16 ), you must take reasonable steps to maintain secrecy. Use non-disclosure agreements with employees and business partners. Limit access to only those who need the information. Mark documents as confidential. Use passwords and physical security. If someone steals or improperly discloses your trade secret, you can sue for damages.
Is a patent worth the cost for a small business?
It depends on your invention and your business goals. Patents are expensive to obtain and enforce, but they give you the exclusive right to your invention for up to 20 years. If your invention is easy to copy and central to your business, a patent may be a good investment. If your competitive advantage comes from speed, customer relationships, or trade secrets, a patent may not be necessary. Talk to a patent attorney to evaluate your situation.