How to protect the intellectual property of a project

Protecting the following assets is essential: your brand and project name, software and content, and your technology and know-how. Let’s look at each of them in turn.

Registering your trademark gives you an exclusive right that complements your domain registration and company or trade name. This helps prevent others from using identical or similar signs that could create confusion. 

The basic steps to protect your trademark are: 

• Check prior registrations. Distinctiveness is essential. This helps reduce the risk of objections or refusals. 
• Plan your Nice Classes. These are administered by the World Intellectual Property Organization (WIPO) and organize trademark registrations into 45 classes (34 for goods and 11 for services). 
• Choose the appropriate filing route. To protect your brand and name in Spain, you should file through the Spanish Patent and Trademark Office (OEPM). For European protection, use the European Union Intellectual Property Office (EUIPO). If your market is international, you will typically need a base registration with the OEPM, select the relevant Nice Classes, and file an international application through WIPO's Madrid System.

In Spain, a trademark is granted for ten years and can be renewed indefinitely. The registration process generally takes between six and twelve months provided there are no objections or examination issues. 

One important factor to consider is that protection costs and renewal management become more complex as the number of territories increases. 

For that reason, it is essential to define your target markets and investment milestones clearly from the outset.

Although copyright protection arises automatically upon creation, it is important to establish clear evidence of ownership and creation dates in case disputes arise later. 

One aspect that is often overlooked is securing written assignments of intellectual property rights por escrito from employees, freelancers, and collaborators. 

This can be achieved through copyright assignment agreements, the inclusion of copyright notices, and the implementation of version-control systems that guarantee traceability.

The key question here is whether your innovation is better protected through a patent or a trade secret.. 

Consider the following: 

• If an expert could understand how your innovation works simply by analyzing the product, patent protection may be preferable because secrecy alone is unlikely to protect you effectively. A patent provides exclusivity, although it requires time and financial investment. Utility models can also be an alternative in sectors with shorter innovation cycles. 
• If your competitive advantage resides in invisible internal processes, proprietary algorithms that cannot easily be reverse-engineered, or confidential know-how, a properly managed trade secret strategy may be more effective. 

In simple terms: if it can be copied, patent it. If the value lies in what cannot be seen, protect it as a trade secret.

Whatever route you choose, patent protection should generally be pursued before publicly disclosing your innovation. Protect your advantage before talking about it. 

So far, we have covered the fundamentals. Let us now focus on what investors actually review when assessing your data room.  

• Ensure clear ownership  of all key assets. Trademarks, software, and copyrights should belong to the company. Verify that intellectual property assignments have been properly executed and that confidentiality agreements (NDAs) have been signed by employees, freelancers, and collaborators. 
• Prepare an inventory of your key intangible assets  including databases and know-how. 
• Establish a maintenance calendar for intellectual property , including renewal deadlines and usage records. 
• Create internal procedures such as invention disclosure forms, dated and signed R&D records, and intellectual property committees capable of making decisions quickly before fundraising rounds. 

Monitoring is an essential component of intellectual property protection. You should:

• Monitor social media platforms, domain registrations, and online marketplaces. 
• Implement scalable procedures for removing infringements and counterfeit products. 
• Establish monitoring metrics that investors can view as evidence of operational maturity in intellectual property management. 

At this point, it is worth reflecting on the words of Anthony Howard, member of the European Commission, in the foreword to the intellectual property best-practice guide published by the OEPM. Howard noted that intellectual property protection can provide smaller organizations with the means to compete effectively against much larger competitors. 

The following checklist can help you identify any outstanding actions needed to protect your company's intellectual property.

When preparing for an investment round, your idea needs solid foundations. Intellectual property protection is a powerful differentiator that creates confidence among investors and partners while increasing the value of your project. 

In an increasingly global and competitive environment, failing to protect your project leaves the door open to unnecessary risk. 

If you are building a startup and want to combine strong intellectual property protection with sustainable growth, initiatives such as Bolboreta Investiga, part of Bolboreta Innova Group, can play a key role.  

We provide strategy, support, resources, networking opportunities, and acceleration programmes designed to strengthen your investment round and maximize the value of your intangible assets. 

If you would like to learn more about how we can support your project, get in touch with us. We would be delighted to help.