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Trade secret protection: “Do I have to register for trade secrets?”

there is no government registration for trade secrets
Last updated on: November 7, 2024
Author: Tangibly

This article is part of Tangibly’s Guest Series. Read the original article here.

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there is no government registration for trade secrets

At Tangibly, we often get asked, “How do I register my trade or corporate secrets?” or “Do I have to register for trade secrets?” Guess what – you can’t!

Patents, trademarks, and copyrights

Unlike patents, trademarks, and copyrights, there is no official government registry for trade secrets. There’s no official TSO (trade secret office) — It just doesn’t exist. Anyone who tells you otherwise is confused (or worse).

So, if there is no government registration, what can you do? With trade secret law it is more of a do-it-yourself, DIY style.

How to manage trade secrets.

It is a great idea to understand what your trade secrets are and document them. If you don’t define trade secret assets, it is difficult to know when they have been stolen, and it is increasingly difficult or even impossible to enforce your rights against people who steal them under the Uniform Trade Secrets Act.

Any listing or catalog of your company’s secrets is a great early step. All other valuable assets that you have are well-listed or cataloged – think real estate, manufacturing machinery, vehicles, laptop computers, and so on. These are cataloged (and not registered with a government agency), just like with trade secrets.

Listing your trade secrets also enables you to sell or license, use them as security for loans, list them as part of your IP portfolio to justify a higher valuation, and more. If you don’t know what your trade secrets examples are, you can’t do these valuable things.

At Tangibly’s core, we identify and catalog confidential information and trade secrets. This is the first step in following our five-part best practices for managing these valuable assets. A successful trade secret program will both lower the risk of theft/loss and position you for success should litigation be required.

Contact Tangibly for more details on how to protect your valuable information.

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