How to Protect Your Intellectual Property When Expanding to the U.S.

If your UK business is entering the U.S. market, protecting your intellectual property (IP) should be a top priority. From trademarks and copyrights to trade secrets and patents, U.S. IP laws differ significantly from those in the UK.

In this guide, Abrams Law outlines how UK and EU businesses can safeguard their brand, products, and creative assets as they cross the Atlantic.

Understand What U.S. IP Protection Covers

In the U.S., four key forms of IP protection exist:

• Trademarks: Protect your brand name, logo, slogans, and product identifiers
• Copyrights: Protect original works of authorship (e.g., text, images, software, music)
• Patents: Protect inventions, processes, and technologies (granted by the USPTO)
• Trade Secrets: Protect confidential business info like formulas, methods, or customer lists

Each form of protection requires different registration and enforcement procedures. Unlike in the UK, “common law” trademark rights exist in the U.S., but they offer limited scope and no federal enforcement. American law firms in London with U.S. licensing experience can help navigate these frameworks effectively.

Start with U.S. Trademark Registration

Trademark rights in the U.S. are not automatic. If you plan to:

• Sell products or services to U.S. customers
• Launch a brand with digital marketing targeting U.S. audiences
• Work with U.S.-based distributors or partners

…you’ll need to register your trademark with the U.S. Patent and Trademark Office (USPTO) to gain federal protection. Early U.S. trademark protection prevents others from registering or misusing your brand.

This is particularly important when engaging in discussions with merger and acquisition advisory firms, who may assess your brand value based on IP ownership and enforcement strategy.

Monitor and Enforce Your IP Actively

U.S. law places the burden of enforcement on the owner. This means you must:

• Monitor for infringement using tools and legal support
• Send cease-and-desist letters or take formal action when needed
• Renew and maintain IP rights in line with U.S. timelines

Without action, your IP can be diluted or legally lost. This is especially important for businesses relying on intellectual property in the USA for long-term brand value. Having a plan for enforcement also builds confidence among investors and mergers and acquisitions advisory professionals.

Consider IP in Contracts and Licensing

If you’re working with U.S. contractors, software developers, or creatives, ensure your contracts:

• Clearly assign IP ownership to your company
• Include non-disclosure or confidentiality clauses
• Cover usage rights and restrictions in all jurisdictions

For creative content and online products, understanding U.S. copyright law helps you avoid accidental infringement or missed registrations. Your commercial contract should reflect these rights clearly, with jurisdiction-specific terms where needed.

When licensing IP, particularly for franchise or technology-based models, terms should be reviewed by a commercial contract lawyer to ensure enforceability and strategic protection.

Why Work with U.S. and UK Advisors Together?

Cross-border IP protection is most effective when it’s coordinated. That’s why many UK companies now work with American law firms in London—firms that offer dual-qualified legal services in both jurisdictions, reducing friction and improving outcomes.

These firms can support transactions, brand launches, or joint ventures with full visibility into both U.S. and UK law. When dealing with complex ownership issues or joint IP development, a single firm like Abrams Law can streamline your strategy and paperwork.

How Abrams Law Can Help

At Abrams Law, we support UK and EU companies with U.S. IP strategy, from filing USPTO applications to negotiating licensing agreements and enforcing IP rights. As UK solicitors and U.S. Attorneys, we bridge the legal gap between the two jurisdictions.

Our team provides:

• U.S. trademark and copyright registration
• IP clauses in U.S. and UK commercial contract agreements
• Advice on trade secret and patent protection
• Counsel for IP-backed transactions and exits

We also partner with leading merger and acquisition advisory firms and assist in preparing IP documentation that adds value in strategic deals.

Take the First Step

Expanding to the U.S. offers massive growth potential—but only if your brand and intellectual property are protected. Let Abrams Law guide you through the U.S. IP system and help you build a foundation that supports long-term success.

Contact Details:
📧Email: info@abrams.law
📞Phone: +44 208 004 7016
🌐Website: www.abrams.law