One of the most fundamental ways to build trust with your buyers is to actively demonstrate your competence by creating and sharing your unique intellectual property, including frameworks, methodologies, maturity models, signature processes, self-assessments, and other relevant tools.
But here’s the problem: once that content is out in the world, anyone can take it and repackage it as their own—unless you’ve taken steps to protect it. And if someone else owns or mimics what you've built? You lose your credibility. Your authority. Your edge.
I know this from experience. After developing the Trust Leader Framework, I wanted to make sure I could use it, share it, and grow with it, without worrying that I accidentally used someone else's trademark or that someone else would claim the name. That is why I sat down with IP attorney Anu Kinhal, who helped me secure the trademark for “Lead With Trust" and "TrustLeader."
Anu didn’t just walk me through the legal side of protecting my IP; I also learned a ton about how protecting your Intellectual Property helps you build trust, signals credibility, and sets my business apart. But instead of just sharing this knowledge with you, I invited Anu Kinhal from Kinhal Law to the TrustLeader podcast so he could explain it to you first-hand.
With insights from IP attorney Anu Kinhal (Connect with Anu on LinkedIn.)
By the end of this piece, you’ll know:
Let’s walk through the key lessons and steps together, so you can lead with trust and protect what’s yours.
Most of us have a vague idea of what a trademark and copyrights are and what they protect. But it is important to truly understand what they are (and are not) and which you need.
At a basic level, it comes down to this:
Copyright protects the content you create.
Trademark protects the brand you build.
Or as Anu Kinhal put it:
“Copyrights protect original works of authorship... any idea that you have that you fix in a tangible medium of expression.”
Think of copyright as covering:
These are things you write, design, or record. The moment you create them, they’re automatically protected by copyright law—but registering them gives you much stronger legal rights.
Trademarks, on the other hand, protect your brand identity.
“What trademarks protect is your brand identity. So they serve as a source identifier in the market.”
This includes:
Trademarks make sure no one else can sell something using a name or visual identity that’s confusingly similar to yours.
As Anu explained:
“If you use a name to sell a certain good or service and people associate that name with the quality it produces, trademark rights protect that.”
It’s about preventing confusion in the marketplace and securing your space as the originator of your brand.
In short:
If someone tries to copy your content, that’s a copyright issue.
If someone tries to copy your name, logo, or branding, that’s a trademark issue.
Symbols to use:
If you're still testing an idea, you may not need to rush into registering a copyright or trademark. But once you're investing time and money into building brand recognition, it’s time to lock it down.
Here’s when to take action:
You’ve launched a proprietary framework, assessment, or methodology that’s unique to your brand
You’re investing in marketing a program, name, or slogan
You’re selling content or coaching tools that differentiate your business
You want to make your business more attractive to partners, buyers, or investors
“The companies that get funded are the ones with protected IP,” Anu says. “It shows investors you believe in what you’re building—and that it can’t be easily copied.”
A common myth: if you create something, it’s copyrighted and you’re safe.
Truth: While protection does begin at creation, registering it with the U.S. Copyright Office gives you legal leverage if someone copies it.
Why registration matters:
“If you say ‘this is my registered copyright,’ that carries weight,” says Anu. “It’s tangible proof you own it.”
Many small business owners think filing a trademark is overkill. Or that their LLC registration gives them the rights they need. Not true.
Trademark registration protects your name or brand nationwide. Without it, someone else could register your name in another state, and you could lose the right to expand or even operate under that name in new markets.
“Filing for an LLC doesn’t protect your brand name,” Anu clarifies. “Trademarks are a separate layer of protection—and one that applies beyond your immediate region.”
If you’re doing business online or plan to grow, you need nationwide protection.
Protecting your intellectual property does more than just keep copycats at bay—it builds trust.
Here’s how:
“It’s not just legal,” I said in the episode. “There’s a psychological element. A name that’s trademarked just feels more credible.”
If you don’t protect your IP, here’s what can happen:
“You’re literally lowering the valuation of your company,” Anu warns. “You’re leaving money—and credibility—on the table.”
Most business owners delay protecting their intellectual property because they assume it’s a complicated legal process. But with the right support, it’s simpler than you think.
Here’s what the process actually looks like, step-by-step:
Decide what you’re protecting — A book, a framework, an assessment, a diagram, or a video? Choose the core piece that expresses your unique thinking.
Prepare your file — Anu’s team will review your work, confirm you’re the rightful author, and check for additional components (e.g. images or videos).
Submit the application — They’ll file it with the U.S. Copyright Office on your behalf.
You get registered protection — Once approved, you’ll receive official proof of ownership, which strengthens your ability to act if someone copies your work.
“Copyright is fairly straightforward,” Anu shared. “We just need the file and a few details. Then we handle the rest.”
Run a clearance search — Before filing, they’ll check if anyone else is already using or has registered a similar name, tagline, or logo.
Assess risk — You’ll get clear recommendations based on your business model, goals, and geographic reach.
Define the trademark scope — Together, you’ll clarify what you’re trying to protect (e.g., your brand name for coaching services).
File the application — The team prepares and submits your trademark application through the USPTO.
Navigate next steps — If the USPTO has questions (called office actions), Anu will handle them and guide you through to registration.
For a trademark applications you need to first understand: “What are you really trying to protect? What are you building? That’s what shapes the filing," says Anu.
Whether you’re doing this on your own or with an attorney, the most important thing is to start. You don’t have to protect everything at once—just begin with what matters most.
Below are some common misconceptions people have about protecting your IP:
False.
“That’s like the biggest misconception I’ve seen,” Anu said. “People think that filing their business entity as an LLC protects the name. But it doesn’t.”
An LLC protects your business structure, not your brand. You still need to register a trademark to own the rights to your name.
Not always. Especially if others were involved.
If you created a framework with co-founders, employees, contractors, or business partners, the question becomes: who owns what?
“Not having the right IP assignment clauses in your operating agreements or founders’ agreements is very problematic,” Anu explained.
Without clear documentation, you could lose control of your own content—or face messy disputes if someone leaves.
Partly true, but not enough.
Those symbols put others on notice that you claim ownership, but they don’t offer the full legal protections of a registered trademark or copyright. Without registration, your rights are weaker and geographically limited.
There’s no magic “20% rule.”
“Usually when you look at infringement, you look at substantial similarity,” Anu said. “It’s a subjective decision... there’s no real framework to get to 20%.”
Infringement depends on the overall impression and context—not just how much was changed.
Waiting too long can cost you.
If someone else registers your name first—or builds a reputation with a similar framework—you might lose the right to use what you created. IP protection is easiest before a conflict arises.
Your ideas are valuable. Your brand is unique. And your frameworks, tools, and content are often what set you apart.
If you want to build trust, it’s not enough to say you’re the authority. You need to show it.
Protecting your intellectual property is one of the most effective ways to demonstrate authority to buyers, clients, partners, and investors alike.
Look at your business through this lens:
Start small:
Pick one thing—your name, your flagship framework, your assessment tool. Ask yourself: Is this worth protecting? If yes, take the next step. File. Consult. Add the TM or the C. Make it official.
Trust grows when you own what’s yours.
Let me know what you’re planning to protect—or what’s been holding you back. I’d love to hear from you.
Hannah Eisenberg:
Welcome to another episode of the Trust Leader Podcast. I am thrilled to have with me today Anu Kinhal. He’s joining us from sunny New York City in his skyscraper office—it looks like a beautiful view there. I'm excited you're here because you just helped me trademark Lead With Trust and the phrase Trust Leader. I learned so much from the process and thought it would be helpful for everyone else to learn from you as well. Welcome to the show.
Anu Kinhal:
Thank you for having me, Hannah. I really appreciate it and I’m excited to have this conversation with you today.
Hannah:
Awesome. So, you’re an intellectual property attorney based in New York. You started your own firm in February 2024, and before that, you were at IBM and several other places. Can you give us a little background on who you are and what makes being an IP attorney exciting?
Anu:
Absolutely. I actually started in bioengineering—technical background in college. Like many people, I was figuring out the next step and realized research or academia wasn’t for me. I wanted something more practical and business-oriented. I spoke with law professors and several suggested intellectual property law because of my technical foundation.
I took their advice seriously, applied to law school, and in my second year took every IP and patent law course I could. I loved it. I worked with startups during law school to help them protect their IP—both sides got a lot out of it. After graduating, I joined IBM’s in-house patent group and worked closely with inventors, drafting and prosecuting patents.
After about seven years, I realized I wanted to do more than just patents—I wanted to help with all aspects of IP across different industries. That’s when I started my own firm, Kinhal Law. We help startups and small businesses protect everything from patents to brand identity. Because the truth is, when something you create looks good and makes money, others will want it too. We make sure your hard work stays yours.
Hannah:
Yes—and that’s exactly what we’ll dive into today: how to protect your hard work. I love that you said "help" several times because that was truly my experience with you. You were so helpful through the process.
So let’s get into it. One of the first questions—maybe a silly one—but it confused me, so I’m sure others are wondering too: what’s the difference between copyright and trademark?
Anu:
Not silly at all. It’s a great question. The simple answer is: they’re two different types of intellectual property that serve different purposes.
Copyright protects original works of authorship—anything you fix in a tangible medium of expression. That could be a book, artwork, music, or any creative content you produce and express.
Trademarks, on the other hand, protect your brand identity. They serve as a source identifier in the market. If you use a name to sell a good or service and people associate that name with quality, trademark rights protect that identity. It prevents someone else from using a similar name and confusing your customers.
Hannah:
We’ll get into the nuances in a bit, but why should business owners and content creators care about these distinctions?
Anu:
Some should care more than others. If you're a hobbyist testing ideas and not emotionally or financially invested, IP protection might not make sense yet. But if you’re investing in your brand, building recognition, and spending money on marketing—yes, it makes sense to protect it.
Otherwise, someone could swoop in and copy you—either intentionally or innocently—and beat you to filing. That can cause major problems later.
Hannah:
Exactly. I always tell clients that demonstrating expertise through frameworks, methodologies, assessments, or even unique sales processes is critical to building trust.
Now, I see people putting the little © or ™ on their work—is that enough? What do you actually need to do to protect, say, a framework or piece of content?
Anu:
Good question. Copyright protection begins the moment you create the work—you don’t have to register it for it to be protected. But when you use the © symbol and include your company name and year, that’s called "notice." It lets others know you claim ownership.
That said, registration with the Copyright Office is highly recommended. It gives you stronger legal standing if someone copies your work. If you register before infringement occurs, you can seek statutory damages—which gives you much more leverage.
Hannah:
Right—you wouldn’t register every blog post, but you might for bigger pieces that distinguish you in the market.
Anu:
Exactly. Say you publish a book—you’d want to register that. If you’re commercially using a piece of content to build your brand, it’s worth protecting.
Hannah:
Is that registration automatic when you publish with a publisher?
Anu:
Not automatically. Many publishers handle it for you, but registration is a separate step. Whether you self-publish or go through a publisher, you or they still need to submit an application to the Copyright Office.
Hannah:
And that gives you legal grounds to act if someone copies your work?
Anu:
Yes, it gives you a strong legal leg to stand on. It’s no longer “Hey, don’t copy me,”—you’re showing proof that you own it.
Hannah:
Let’s flip that. People often put a ™ next to a name. Is that enough—or do you need to register a trademark too?
Anu:
Using the ™ is a good start—it gives you common law rights in your geographic region. But those rights aren’t nationwide.
Registering with the USPTO gives you federal rights and broader protection. That way, if you ever want to expand your business beyond your local area, you’re covered. Without a registered trademark, someone else using the same name in another state could block your expansion or even force you into a legal battle.
Hannah:
What about people operating across borders? Say I’m in Italy but do business in the US. Or vice versa?
Anu:
You should register your trademark in the regions where you’re doing business. Trademark rights come from using the name in commerce. If you're selling in the US, register there—even if you live elsewhere. You need a bona fide intent to use the name in commerce.
Hannah:
What if I’ve just created a new framework or methodology? When’s the right time to copyright or trademark it?
Anu:
Copyright protects the expression of your idea—how you present it—not the idea itself. So if someone copies your slides word-for-word, you’re protected. But if they take your concept and put it in their own words, that’s harder to fight.
There’s no legal “20% rule.” Courts look at substantial similarity, which is subjective. If your content is core to your business, consider protecting it.
Hannah:
What’s the process like if I want to register a copyright or trademark?
Anu:
Copyright is fairly straightforward. We assess the content, prepare the application, and submit it. For trademarks, we start with a clearance search to make sure your name is available, then define what we’re protecting, and file the application.
Hannah:
As your client, I found it incredibly easy. You asked the right questions, did the heavy lifting, and guided me through it.
Anu:
That’s what we aim for. Part of my philosophy is stepping into the client’s shoes. What are you building? What’s worth protecting? From there, we find the best path forward. Having legal experience also helps us avoid costly mistakes.
Hannah:
Let’s shift to trust building. How does IP protection help build trust?
Anu:
IP protection shows confidence in your own work. It says, “I believe in this enough to protect it.” That builds trust with buyers, investors, and partners. They know they’re dealing with something real—not something that can be easily copied or undermined.
Hannah:
There’s definitely a psychological element to it. Branded, protected content just feels more credible.
What are the risks of not protecting your IP?
Anu:
You lower the valuation of your business. If your brand or method isn’t legally yours, it can’t be counted as an asset. You’re also vulnerable to rebranding, infringement, or losing your market position.
Hannah:
And even the risk of unknowingly infringing on someone else’s trademark, right?
Anu:
Exactly. Registering also ensures you’re not infringing on someone else.
Hannah:
Once you’ve registered your copyright or trademark, how do you let the world know?
Anu:
Use the symbols. © for copyright. ™ if it’s unregistered. ® if your trademark is registered. It’s not legally required, but it strengthens your claim—especially if infringement occurs.
Hannah:
Note to self: I’m not doing that consistently.
Anu:
It’s important. Especially while applying. The USPTO wants to see that you’re using the name in commerce—and the ™ helps prove that.
Hannah:
Do others need to use the symbols when referencing my work?
Anu:
No. If they’re not using it to sell something or create confusion in the market, it’s fine. You don’t need to police every blog mention.
Hannah:
What are the most common misconceptions you see?
Anu:
First, people think having an LLC means their brand name is protected. It’s not. An LLC protects the business entity—not the brand.
Second, founders often skip IP assignment clauses. If someone creates IP while working with you, and it’s not clearly assigned to the company, that opens the door for disputes later.
Hannah:
Yeah, I can see that getting messy fast.
So if someone is listening and wants to protect their IP or register a trademark, how can they reach you?
Anu:
The easiest way is to go to kinhallaw.com. You can book a free consult right on the site and pick a time that works for you.
Hannah:
And for the record, I’m not being paid to say this. That consultation truly felt like you were there to help—no pressure. You were recommended by my brother-in-law, and I trusted you. But I really appreciated your approach.
Anu:
Thank you, Hannah. That means a lot. For me, it’s all about fit. If I can help, great. If not, I’ll refer you to someone who can.
Hannah:
Thank you for sharing your insights and wisdom. I know this will help a lot of people protect their IP—and make sure their hard work stays theirs.
Anu:
Thanks for having me. I really enjoyed our conversation.