In 2026, a startup's value is rarely in its physical assets; it's in its Intellectual Property (IP). Failing to secure these rights on "Day 1" can lead to "Day 100" disasters—like forced rebrands, ownership disputes with co-founders, or being blocked by investors during due diligence.
Use this checklist to build a "legal moat" around your innovation before you even write your first line of production code.
1. Establish "Chain of Title" (Ownership)
The most common IP mistake is assuming that because you paid for it, you own it. In most jurisdictions, IP belongs to the human creator unless a written contract says otherwise.
[ ] Founder Assignments: Ensure all founders sign agreements transferring any "pre-incorporation" ideas or code to the company entity.
[ ] Employee/Contractor IP Clauses: Every offer letter or freelance contract must include "Work Made for Hire" and "IP Assignment" clauses.
[ ] Past Obligations Check: Verify that no founder or early employee is subject to a "non-compete" or "invention assignment" from a previous employer.
2. Clearance & Brand Protection
Before you spend a cent on marketing or domain names, ensure you aren't infringing on someone else’s territory.
[ ] Comprehensive Trademark Search: Use AI-powered tools (like League TM Solutions) to check for "likelihood of confusion" beyond just exact name matches.
[ ] Lock Down "Digital Real Estate": Secure the
.com(or.ai/.app), along with handles on LinkedIn, X, and Instagram.[ ] File "Intent-to-Use" (ITU): If you haven't launched yet, file an ITU trademark application to "reserve" your brand name in the eyes of the law.
3. Safeguard Inventions (Patents vs. Trade Secrets)
If your startup has a unique technical process or algorithm, you have to decide: Do we tell the world (Patent) or keep it locked away (Trade Secret)?
[ ] File a Provisional Patent: This is a low-cost way to get a "Patent Pending" status for 12 months while you refine your product.
[ ] Public Disclosure Log: Never demo your core tech publicly (on social media or at a pitch) without an NDA, as this can start a "ticking clock" that kills your patent eligibility.
[ ] Trade Secret Protocols: For code or data you won't patent, implement strict access controls (e.g., encryption, "need-to-know" access, and marked confidential documents).
4. Administrative "Hygiene"
[ ] Standard Mutual NDA: Have a clean, 2-page Non-Disclosure Agreement ready for meetings with potential partners or vendors.
[ ] Open Source Audit: If your developers are using open-source libraries, ensure the licenses (like MIT or GPL) are compatible with your business model.
[ ] Copyright Notices: Add
© 2026 [Company Name]to your website footer, app screens, and pitch decks to signal ownership of creative content.
The "Day 1" Summary Table
Asset TypePrimary ProtectionImmediate ActionBrand/LogoTrademarkRun clearance search & file ITU.Software CodeCopyright / PatentSign IP Assignment Agreements.Secret AlgorithmTrade SecretUse NDAs & encrypted storage.InventionPatentFile a Provisional Application.
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