Trademarks, Trade Secrets, and What You Might Be Missing

Trademarks, Trade Secrets, and What You Might Be Missing

April 16, 2025

In a recent episode of Business Talk, I had the chance to speak with intellectual property attorney Omid Khalifeh about something more business owners, physicians, and professionals should be paying attention to - protecting their intellectual property.

We often talk about risk in the form of lawsuits, taxes, or contracts—but we don’t always think about the risk of not protecting the very ideas, brands, and assets that make your business valuable.  Here are a few insights from our conversation that stood out—and what you might want to consider if you’re building something of your own:

You Might Not Need to “Build It” to Protect It
This surprised me. Omid explained that many people assume you have to physically build a product before filing a patent—but in reality, you just need to be able to describe it in enough detail for someone else to build it. That means your ideas are often protectable earlier than you think.

Your Name and Brand Could Be More Valuable Than You Realize
This came up in the context of celebrities and influencers—but it applies to business owners too. If your name, slogan, or logo is tied to your service, product, or online presence, it’s worth asking: is it protected? Trademarks can prevent others from profiting off of your identity—and help you control how your brand is used in the marketplace.

Trade Secrets Are Real, But Only If You Treat Them That Way
If you’ve built a unique process, client experience, formula, or internal tool that gives you an edge, you might assume it’s automatically protected. It’s not. To claim something as a trade secret, you have to show you’ve made serious efforts to keep it confidential—NDAs, access restrictions, even documentation policies.

Copycat Risks Are Everywhere—Especially Online
Omid shared examples of influencers and professionals having their content and brand identity misused by others on social media. What stuck with me is that even if you’re not a “celebrity,” you can still face real brand and content theft online. And platforms don’t always make enforcement easy.

The Global Side of IP Is Complicated
If someone walks away with your ideas and sets up shop in another country, what can you do? The answer: it depends. International enforcement depends on the agreements in place between countries and often varies depending on political leadership. The takeaway? If your business or content has global reach, your IP strategy should too.


Protect What You’re Creating
If you’ve invested time, creativity, or capital into building something unique—whether it’s a brand, product, or process—you owe it to yourself to understand what can be protected and when. Waiting too long to file a trademark or patent could cost you not just money, but momentum.

This episode was a great reminder that IP protection isn’t just for tech startups or celebrity brands—it’s something every serious builder should be thinking about.  You can catch the full conversation with Omid Khalifeh on Business Talk with Meghan McNulty wherever you listen to podcasts or watch on the Youtube Channel.

🎧Watch the full episode