Gregg Hall is an author living in Navarre Beach, Florida. Find more about this as well as trademark lawyers at http://www.focusonip.com
Some people get confused between trade secrets and trademarks. A trademark is something that is publicly recognized and known as being officially associated with a particular company. In contrast a trade secret can be a much more broad definition and by its very name is not made public.
According to the laws in most states, any device, pattern, formula, idea, or collection of information that gives the owner an advantage in the marketplace and is protected by the owner in a way that shows that it can be reasonably expected to keep their competitors or the public from finding out about it without stealing it is considered a trade secret.
There are many examples I can give of trade secrets. In an actual product, a trade secret could be the way certain ingredients are combined in the formulation of a nutritional supplement. Recipes, in particular those employed at commercial restaurants, are considered to be trade secrets.
One very famous one that I can think of right off is Colonel Sander's recipe for his Kentucky Fried Chicken. An idea for an invention that one has that they have not filed for a patent on yet would also be considered a trade secret, as are the complex algorithms that search engines like Google use to give us search results online.
Trade secrets are the opposite of other types of protecting of intellectual property such as trademarks and patents. The whole idea of a trade secret is to keep it from public knowledge and it is basically something that a person or company does themselves. Your trade secret will be given protection under law until you make the information public.
Companies and individuals protect information that they are unable to guard with other legal means such as patents and trademarks. There are numerous things that can be considered trade secrets. An idea that will give you a big jump over your competition in a particular market or even an idea for a piece of software or a website would also be a trade secret. Business information that you keep secret and only allow access to by employees such as marketing plans, costs, and pricing would be protected under law.
According to the law, the owner of a trade secret can legally prevent employees from using trade secret information or disclosing it by binding them with confidentiality or non-disclosure agreements. They also have legal protection from people who get the information by stealing it or through industrial espionage as well as people who get the information knowing that it is a protected trade secret.
The best way for a company to protect itself legally is to have employees sign a non-disclosure agreement, also known as an NDA. You should also have them signed by anyone that you do business with such as lenders and investors. An intellectual property attorney can help you with drafting this important document.
- Related Videos
- Related Articles
- Ask / Related Q&A
- Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System
- What everybody ought to know about intellectual property law
- Intellectual Property (ip) 101
- How to Protect Your Intellectual Property
- Intellectual Property and Patents for Sale
- Intellectual Property- Its Meaning and Development in India
- Intellectual Property Protection In China
- Intellectual Property Laws in the Kingdom of Thailand




Mice and Squirrel
By: Shohag Kabir | 15/11/2009Mice and Squirrel is a family friendly children book. The Children picture book is discussed all about mice and squirrel how they fight for foods and also discussed about the Rubin bird who witnesses for this scene.
In Bible versus Quran: God wrestled with Jacob all the night
By: Prof.dr. Ibrahim Khalil | 10/11/2009The Bible says that Jacob was left alone; and the Lord God wrestled with him all the night until the breaking of the day. In the Noble Quran, Allah does not wrestle, if He wants to do anything, He just says: Be and it is.
Keep your memory, Keep your sweet flower
By: Writing is happiness | 09/11/2009Do you remember the moment when you receive flower from someone? Someone who is a special one in your life, your boy friend, your husband, your best friends or your family. Do you remember the feeling when he sends the flower to you and something you see in his eyes, the feeling when you touch flower, the gentle petal flowers, sweet smell and the happiness around you? That is a impression moment you can’t throw away and you want to keep it forever.
In the Quran: your sight on the Day of Judgment will be very sharp
By: Prof.dr. Ibrahim Khalil | 07/11/2009The Quran says that your sight on the Day of Judgment is acute, it is very sharp and piercing and is able to perceive what you used to reject in the life of this world.
In the Quran: They and their wives are on thrones reclining
By: Prof.dr. Ibrahim Khalil | 01/11/2009The Noble Quran says that the inhabitants of Paradise, they and their wives are on thrones reclining; reclining upon couches
Way Back To My Land
By: Jagmohan Kathait | 28/10/2009Article about need of connectivity in rural areas.
Story
By: Shanaz | 26/10/2009This is a story I wrote
MONDAY MORNING BLITZ
By: patrick ozah | 25/10/2009This article or story is based on my experience on a certain monday morning.
How To Avoid Legal Trouble From Trademark Infringement When You Buy A Domain Name
By: Gregg Hall | 23/02/2007 | Non-FictionSo you have a hot idea for a website, or maybe you want to capitalize on a hot new product that has just been released. There are some things that you will want to know first before you get yourself in a lot of hot water.
How To Protect What You Create With A Copyright
By: Gregg Hall | 15/02/2007 | Non-FictionIn the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever.
What Does Computer Law Cover And Why Is It Necessary?
By: Gregg Hall | 15/02/2007 | Non-FictionTraditional law does not cover many of the issues that occur in the online realm. Therefore it is crucial that we have a particular branch of law that exists to deal with legal problems that may arise by the very nature of the Internet and are not able to be covered by local jurisdictions.
The Difference Between Trade Secrets And Trademarks
By: Gregg Hall | 15/02/2007 | Non-FictionSome people get confused between trade secrets and trademarks. A trademark is something that is publicly recognized and known as being officially associated with a particular company. In contrast a trade secret can be a much more broad definition and by its very name is not made public.
A Closer Look At Some Of The Investment Myths In The Foreign Exchange Markets
By: Gregg Hall | 13/02/2007 | InvestingJust like anything else there is a learning curve plus there is a lot of research and strategy that goes on behind the scenes to make a trade successful. I have written this article to help you avoid some of the more common investment myths so you will know what to realistically expect when you begin trading.
How To Avoid Some Common Forex Scams
By: Gregg Hall | 11/02/2007 | FinanceThere is an old saying that states, "A Fool and his Money are Easily Parted". With the proper strategy and resources from which to educate yourself, there is no reason to be foolish.
Pattern Recognition And Why You Need To Learn It To Be Successful In Forex Trading
By: Gregg Hall | 10/02/2007 | FinancePattern recognition is a method that will help you to be a much more successful trader. Just as with regular stock trading, the foreign currency exchange markets will very often repeat certain patterns over time.
How To Keep From Losing When Trading In The Forex Markets
By: Gregg Hall | 10/02/2007 | FinanceJust as with any investment, the entire goal of investing in the foreign currency exchange market is to make a profit. The thing you must always remember though, is that just like with any other market investment, you can also lose. The reason that savings accounts and insurance policies pay such low rates of interest is because of the lack of risk.