Spellbinding IP: Patent, Trademark, and Business Strategy

Julie King
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Learn about important intellectual property and business law issues every small business owner needs to know about. Julie King is a licensed patent attorney who practices intellectual property, business, and estate planning law. She loves talking about how tools like patents, trademarks, copyright, trade secrets, and more can be used to protect a business and brand, be used to help them grow, and become highly valuable business assets on their own. Episode transcripts are available at kingpatentlaw.com/blog. VIDEO versions only on Spotify, YouTube, Substack, and at kingpatentlaw.com/blog.

  1. IP Strategy for Creatives: Protect Your Art, Your Brand, and Your Business

    5D AGO

    IP Strategy for Creatives: Protect Your Art, Your Brand, and Your Business

    The designer who spent weeks on a logo, got paid, and then discovered she owned nothing. That is what a work-made-for-hire clause can do, and it happens every single day to designers, photographers, musicians, illustrators, and writers. In this episode, attorney Julie King of King Patent Law breaks down IP strategy for creatives: the four types of intellectual property protection, the copyright registration question that determines whether you can actually fight back when someone steals your work, the contract language that silently strips creatives of their rights, and a specific breakdown for influencers and content creators on brand deal IP traps. In this episode: The four IP tools: copyright, trademark, patents, and trade secretsWhy copyright is automatic but registration is essentialAI and copyright: what the Copyright Office actually saysTrademark for creatives: protecting your brand, not just your workDesign patents and utility patents for product-based creativesWork-made-for-hire: the statutory categories every freelancer must knowLicense vs. assignment: the difference that should change how you price your workInfluencers and content creators: brand deal UGC traps, platform terms, and music licensingSix steps to protecting your creative work starting todayTimestamps: (00:00) Intro: a common work-for-hire horror story (02:48) The four IP tools for creatives (03:03) Copyright: registration, DMCA, and what AI changes (07:45) Trademark for creatives (09:54) Patents: design and utility (11:22) Trade secrets (11:53) Work-made-for-hire deep dive (14:06) License vs. assignment (15:08) A note for influencers and content creators (18:14) Six-step protection checklist (21:03) Key takeaways (22:38) FAQs - Can I copyright my art style? I created a logo for a client on a handshake deal. Who owns it? Can I use AI to create my logo and trademark it? (24:31) Disclaimer and booking information Avoid the legal horrors, and keep rocking your IP. Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠ Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. We serve intellectual property clients nationwide and business and estate planning clients in Illinois. Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820 Contains attorney advertisement material.

    25 min
  2. Zombie Businesses: Avoiding the IP and Succession Nightmare

    MAR 17

    Zombie Businesses: Avoiding the IP and Succession Nightmare

    What happens to your business when you die? If you're a sole proprietor, or if you don’t address succession planning properly for your partnership, LLC, or corporation, the answer is: zombie chaos. In this episode of Spellbinding IP: Patent, Trademark, and Business Strategy, attorney Julie King of King Patent Law walks through the legal reality of what happens to a business, and its intellectual property assets, when an owner dies without a succession plan. Using a real client case (fully anonymized) where a family business devolved into active litigation among family members, Julie shows she’s not being dramatic about the horrors that can ensue when you get it wrong. Then she explains exactly how to prevent the same fate for your business and your family. In this episode What a 'zombie business' is and why they're more common than you'd thinkHow entity choice (sole proprietorship vs. LLC vs. corporation) determines what survives youIllinois-specific rules under the Illinois Limited Liability Company ActWhy your registered trademarks and patents are especially vulnerable in succession chaosWhat a buy-sell agreement is, and why small businesses need one more than big onesA 7-step checklist to zombie-proof your business todayWhen to DIY and when to hire an attorneyTIMESTAMPS: (0:00) – Intro and hook: a real family's business nightmare(2:27) – What is a zombie business?(3:10) – Entity types and what they mean for succession(3:32) – The problems with sole proprietorships(4:31) – The perils of partnerships(5:03) – LLCs – Limited Liability Companies(5:43) – Corporations(5:57) – The Illinois LLC Act: what heirs do and don't get automatically(6:54) – Real-life zombie business nightmare and how it could have been avoided(8:41) – Your IP assets in succession planning: trademarks, patents, copyrights, trade secrets; the chaos that can ensue if it’s not included(10:21) – The operating agreement / bylaws as your survival document(11:18) – Buy-sell agreements(11:51) – Myth-busting for small businesses: why those buy-sell agreements aren’t just for large businesses(12:48) – Step-by-step: how to zombie-proof your business(16:37) – When to DIY vs. hire an attorney(17:50) – What to do if you can't afford to form an LLC right now(19:29) – Key takeaways and wrap-upAvoid the legal horrors, and keep rocking your IP. Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠ Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. We serve intellectual property clients nationwide and business and estate planning clients in Illinois. Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820 Contains attorney advertisement material.

    21 min
  3. Is Your Business Legally Cursed? The 7-Point Checkup Every Small Business Owner Needs

    MAR 10

    Is Your Business Legally Cursed? The 7-Point Checkup Every Small Business Owner Needs

    Most business problems don't announce themselves with flashing warning lights. They lurk in outdated contracts, expired licenses, and forgotten compliance deadlines. By the time you notice them, they've already cost you money. In this video I walk through a 7-point legal health check every small business owner should do at least once a year, and I show you how to do a 15-minute version if that's all the time you have right now. In this video: How to verify your business entity is still in good standing (and what happens if it isn't)Why your registered agent information might be costing you lawsuits right nowThe operating agreement problem that turns business partners into courtroom enemiesThe contractor IP trap: if there's no written agreement, they might own what they created for youLicenses and permits: the boring stuff that can shut your business down overnightThe 15-minute quick check if you only have time for the essentialsWhen to DIY vs. when to call a lawyerTIMESTAMPS: 1:35 - Point 1: Verify your business entity is in good standing2:54 - Point 2: Confirm your registered agent info is current4:10 - Point 3: Review your operating agreement or bylaws5:25 - Point 4: Audit your contracts (auto-renewals, expired agreements)6:58 - Point 5: Employee and contractor documentation8:29 - Point 6: Licenses and permits9:37 - Point 7: Insurance review11:01 - The 15-minute quick check12:04 - When to DIY vs. hire a lawyerGet the 7-Point Business Checkup Checklist at ⁠kingpatentlaw.com Avoid the legal horrors, and keep rocking your IP. Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠ Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney

    14 min
  4. Tales from the Crypt(ic Requirements): Trademark Specimens and Intent-to-Use Trademark Applications Decoded

    FEB 24

    Tales from the Crypt(ic Requirements): Trademark Specimens and Intent-to-Use Trademark Applications Decoded

    Want to file a trademark before you launch your business? Intent-to-Use (ITU) applications let you secure your brand name before going public, but they're significantly more complex than standard trademark filings. In this episode, I break down ITU applications and the highly technical specimen requirements that trip up even experienced filers. Learn what trademark specimens actually are, what the USPTO accepts (and rejects), why website screenshots often fail, and the absolute deadlines you cannot miss. Specimen rejections are one of the most common reasons for Office Actions. Understanding the requirements helps you appreciate why professional guidance is essential—and how to avoid the costly mistakes that happen regularly with DIY filing. Key topics covered: What Intent-to-Use trademark applications are and when they make senseThe ITU process: filing, examination, Notice of Allowance, extensions, and registrationThe 6-month deadline after Notice of Allowance (and what happens if you miss it)What trademark specimens are and why they're more complex than they appearSpecimens for goods vs. services: different requirementsCommon specimen mistakes that lead to USPTO rejectionsWhy website screenshots often fail (and what works instead)The ornamental use problem for apparel brandsWhy comprehensive trademark searching is criticalWhy this isn't DIY territory: the disasters that happen without professional helpRisk mitigation and the real cost of trademark mistakesTIMESTAMPS: 0:00 - Introduction: The cryptic requirements of trademark specimens1:57 - You can file before you launch: Intent-to-Use applications explained3:11 - When an ITU trademark application makes sense4:48 - The ITU application process walkthrough8:44 - The 6-month deadline to show use9:52 - Extension strategy: up to 36 months total11:41 - What is a trademark specimen?12:00 - Specimens for goods: tags, labels, packaging, and real-world use14:14 - Specimens for services: the description requirement15:08 - Myth-buster: Website screenshots aren't always acceptable16:02 - Common specimen mistakes that lead to rejections19:13 - Why professional guidance is essential24:12 - FAQ: Can I DIY and hire an attorney later?24:59 - What your trademark attorney actually does26:38 - The real cost comparison: Risk mitigation vs. DIY disasters29:47 - Key takeaway: Professional guidance protects your brandAvoid the legal horrors, and keep rocking your IP. Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠ Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney

    32 min
  5. 28 Months Later: PCT vs Paris Convention (International Patent Filing Explained)

    FEB 16

    28 Months Later: PCT vs Paris Convention (International Patent Filing Explained)

    Planning to sell your invention internationally? You need a global patent strategy, because international filing is complex and expensive. In this episode, patent attorney Julie King breaks down your options for protecting inventions abroad: the Patent Cooperation Treaty (PCT), Paris Convention direct filing, and regional systems like the European Patent Office. Learn when each strategy makes sense, the critical deadlines that can destroy your international rights, realistic cost expectations ($40k-$60k+ for 5 countries), and strategic questions to ask before committing to foreign filings. Key topics covered: Why there's no such thing as a "global patent"How the PCT buys you time (30 months vs. 12)When to use direct foreign filing insteadCost breakdowns by filing route and countryCommon mistakes that kill international patent strategiesStrategic questions: where should you file? TIMESTAMPS: 0:00 - Introduction 1:30 - No "global patent" exists 2:44 - Three main filing options3:17 - Patent Cooperation Treaty (PCT) explained 7:00 - Paris Convention direct filing 7:52 - PCT vs. Paris Convention9:04 - Regional Patent Systems10:06 - Critical deadlines 12:41 - Cost breakdown 15:55 - Strategic questions 17:43 - Common mistakes 19:55 - ConclusionAvoid the legal horrors, and keep rocking your IP. Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠ Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney

    21 min
  6. The Jump Scare of Patent Costs: A Realistic Look and Time and Money

    JAN 30

    The Jump Scare of Patent Costs: A Realistic Look and Time and Money

    What does it actually cost to get a patent? Not the advertised number from patent mills. The real, complete cost. Patent attorney Julie King breaks down typical expenses you'll encounter in the patent process, from initial searches to maintenance fees, and why that $25,000+ budget for a US patent isn't a scare tactic; it's reality. You'll learn: How long it takes at a minimum to get a patent (probably much longer than you think)What a professional patentability search actually costs What properly drafted applications cost What Office Actions are, why you'll probably get at least one, and why they cost money to handle properlyOther costs to consider, like freedom-to-operate searches, international filing, and maintenance fees you'll pay after your patent is grantedWhen the investment is absolutely worth itThis is the reality check every inventor needs before spending a single dollar on patent protection. Avoid the legal horrors, and keep rocking your IP. Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠ Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney

    2 min
  7. DIY Patent Applications: A Recipe for Disaster

    JAN 29

    DIY Patent Applications: A Recipe for Disaster

    Can you legally file your own patent application? Yes. Should you? Patent attorney Julie King explains why DIY patent applications are almost always a terrible idea, and the rare circumstances when they might be acceptable. You'll learn: Why patent law is uniquely technical and complexWhat patent attorneys bring to the table (technical degrees + legal training + special bar exam)How one wrong word in your claims can make your patent worthlessThe real cost of trying to save money with DIY filingWhen DIY might be acceptable (hint: only if you don't care about actually getting strong protection)See Monday's episode this week to learn why "quickly granted" DIY applications are often terrible. This episode could save you from a very expensive mistake. Avoid the legal horrors, and keep rocking your IP. Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠ If you're serious about protecting your invention, book a consultation at kingpatentlaw.com⁠to discuss your options. Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney

    1 min
  8. It's Alive! (But Only If You File the Non-Provisional Patent Application)

    JAN 28

    It's Alive! (But Only If You File the Non-Provisional Patent Application)

    This might be the most important misconception to clear up in all of patent law: there is no such thing as a "provisional patent." Patent attorney Julie King explains the critical difference between provisional applications, non-provisional applications, and actual issued patents, and why getting this wrong can cost you everything. You'll learn: Why a provisional application is NOT a patentThe 12-month deadline that can make or break your patent rightsWhy you have ZERO enforceable rights until a patent is actually grantedPlus: The Frankenstein analogy that makes this all make sense. This episode could save you from making a mistake that costs you all your potential patent rights. Visit kingpatentlaw.com to learn more about provisional and non-provisional patent applications. Avoid the legal horrors, and keep rocking your IP. Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠ Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney

    2 min
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About

Learn about important intellectual property and business law issues every small business owner needs to know about. Julie King is a licensed patent attorney who practices intellectual property, business, and estate planning law. She loves talking about how tools like patents, trademarks, copyright, trade secrets, and more can be used to protect a business and brand, be used to help them grow, and become highly valuable business assets on their own. Episode transcripts are available at kingpatentlaw.com/blog. VIDEO versions only on Spotify, YouTube, Substack, and at kingpatentlaw.com/blog.

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