Protecting Your Ideas
With Patents, Trademarks, Trade Names
and Service Marks
Protecting your ideas through intellectual property legislation
will provide a competitive advantage for your business venture. Intellectual
property laws are designed to provide protection of your intellectual property
and prevent competitors from utilizing your unique ideas.
PATENTS
What is a patent?
A patent is a right, granted by the government, which
excludes others from making, using, or selling the invention covered in
the claims of the patent.
What can be patented?
New and useful processes, machines, manufactures, or
compositions of matter, or any new and useful improvements thereof
Why should an invention be patented?
An invention should be patented to prevent others from
making using or selling your invention. In patenting your invention, you
gain the exclusive rights to use and license your invention. Should a company
want to use your invention, it must come to you for approval and pay you
licensing fees for its use.
TRADEMARKS
What is a Trademark?
A trademark is any word, name, symbol, or device that
identifies goods of one company and distinguishes them from goods of others.
A trademark could also consist of the shape of the package or goods, colors,
or slogans; or any combination.
What can be trademarked?
An adjective that modifies the generic name of a product
can be trademarked. For example, "Diet Coke" is a trademark; "soft drink"
is a generic name.
Why should you get a trademark?
A trademark will provide a distinguishable difference
from the generic or common name of the goods, as well as, differentiate
the good from the marks of competitors.
TRADE NAMES
What is a Trade Name?
A trade name is the name of a business. It may or may
not be the same as a trademark that identifies a product of that business.
For example: "Elevonic" is a trademark for elevators whose trade name is
"Otis Elevator Company."
SERVICE MARKS
What is a Service Mark?
A service mark is any word, phrase, symbol or device
which identifies services rendered by a company and differentiates them
from services rendered by others. For example, "You'll love the way we
fly" is a service mark for Delta Air Lines.
TOP
WEB SITES
http://www.abanet.org/
The American Bar Association
This site provides detailed descriptions of all legal
issues concerning intellectual property law. It also provides step-by-step
process of the application processes.
http://www.uspto.gvt/
U.S. Patent and Trademark Office
This site provides a large scope of services including
patent searches, on-line forms, and a large information search engine.
http://lawyers.martindale.com/
This site provides a way to search for law firm information
and locations. You can search a database of over 900,000 lawyers and law
firms.
By: Mike Solms
