Know Your Rights: Intellectual Property in Minnesota

If you create something with your mind – a brand name, a piece of writing, an invention, or a business secret – you have legal rights to protect it. Here is what you need to know.

Your Rights

1. Copyright protection starts automatically. When you create an original work and save it in some form (write it down, record it, save it digitally), you own the copyright. You do not have to register it. However, you must register with the U.S. Copyright Office before you can sue someone for copying your work.

2. You can build trademark rights just by using your brand. If you use a business name, logo, or slogan in commerce, you gain “common law” trademark rights even without registering. Registering with the state ($50) or the federal USPTO ($350+ per class) gives you stronger protection.

3. Trade secrets are protected by Minnesota law. The Minnesota Uniform Trade Secrets Act ( Minn. Stat. § 325C.01 through Minn. Stat. § 325C.08 ) protects your confidential business information – customer lists, formulas, methods – as long as you take reasonable steps to keep it secret.

4. Your employer cannot claim work you created on your own. If you made something on your own time, using your own resources, your employer generally does not own it – unless you signed a written agreement saying otherwise.

5. You can get stolen content removed from the internet for free. If someone copies your copyrighted work online, you can file a DMCA takedown notice with the website’s hosting provider at no cost.

6. Minnesota protects you from deceptive trade practices. Under Minn. Stat. § 325D.44 , it is illegal for someone to pass off their goods or services as yours, or to cause confusion about who made a product.

7. Non-compete agreements must be reasonable. If your employer asks you to sign a non-compete, it must be reasonable in how long it lasts, what area it covers, and what work it restricts. Overly broad agreements may not hold up in court.

What to Do

• Register your most important works. Register trademarks and copyrights early. Registration gives you stronger legal tools if someone copies your work.
• Use non-disclosure agreements (NDAs). Before sharing confidential business information with employees, contractors, or partners, have them sign an NDA.
• Keep records of what you create. Save drafts, dates, and proof of creation. This helps if you ever need to prove you made something first.
• Monitor for unauthorized use. Set up Google Alerts for your brand name and check online marketplaces for copies of your products or content.
• Send a cease and desist letter first. If someone is using your work without permission, a formal letter often resolves the issue without a lawsuit.
• Get contractor agreements in writing. If you hire someone to create work for you (a logo, website, software), put in writing that you own the result. Otherwise, the contractor may own the copyright.

Important Deadlines

Deadline	What It Means
3 years	Deadline to file a copyright infringement claim from when you knew or should have known about it
3 years	Deadline to file a trade secret claim under MUTSA ( Minn. Stat. § 325C.06 ) from when you knew or should have known of the misappropriation
10 years	Federal trademark registration must be renewed every 10 years
12 months	After filing a provisional patent, you must file the full application within 12 months

Get Help

• U.S. Patent and Trademark Office (USPTO): Trademark search and registration at uspto.gov
• U.S. Copyright Office: Registration and information at copyright.gov
• Minnesota Secretary of State: State trademark registration at sos.state.mn.us

For more detail: See our full guide on this topic:

Intellectual Property Protection in Minnesota

A plain-language guide to protecting your ideas, brand, and creative work in Minnesota, including trademarks, copyrights, trade secrets, and enforcement.