""" ...a trade secret is information that: * Is not generally known to the public; * Confers some sort of economic benefit on its holder (where this benefit m

""" ...a trade secret is information that: * Is not generally known to the public; * Confers some sort of economic benefit on its holder (where this benefit must derive specifically from its not being publicly known, not just from the value of the information itself); * Is the subject of reasonable efforts to maintain its secrecy. """ https://en.wikipedia.org/wiki/Trade_secret https://en.wikipedia.org/wiki/Trade_secret None of those criteria requires a contract or even an explicit label, but some sort of agreement is certainly easier to defend in court, if the need arises. Likewise, trademarks don't technically need to be registered or even claimed, but they do need to be enforced. If you open source your trade secrets or let stores sell generic "Cheerios", then you have a weak claim if you ever need to bring someone to court. Gratuitous: I am not a lawyer, this is not legal advice, etc.