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"The best way to predict the future is to invent it"-Alan Kay

Patent Trademark

The term patent trademark can be a little confusing for some. Perhaps, it is due to the fact that the general public is unsure of the difference between trademarks, patents, and copyrights. All of which serve a purpose in protecting an inventors idea.

Patent Trademark As Trademarks

What is a trademark and what can be trademarked? A trademark is a word, phrase, symbol or design, or a combination of the three, which identifies and distinguishes the source of goods of one party from those of others. Numerous things can be trademarked from a band name to a business logo. The United States Patent and Trademark Office (USPTO) will need to conduct a search in order to insure the trademark is not already in existence.

The Difference Between Patent Trademark And Patent

There are three types of patents: utility, design and plant. A utility patent is a new novel idea that is a functional method or device. A design patent is a new ornament or original manufacturing article. A plant patent is granted for any variety of plant life that is distinct, new or asexually reproduced and has never been seen before.

The Difference Between Patent Trademark And Copyright

What is a copyright and what can be copyrighted? A copyright is a form of protection provided to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. A copyright can protect work that is both published and unpublished. Therefore, books, songs and artwork can all be copyrighted.

Rules Of The Patent Trademark

Once a trademark is granted, the owner must maintain their trademark by paying maintenance fees, which is the same with any other type of intellectual property. Additionally, the owners of a trademark may not sell or import the word, phrase or design for which the trademark was granted outside the United States. The United States Patent and Trademark Office claims that the patent trademark is only effective in the United States, U.S. territories and U. S. possessions. However, under certain circumstances adjustments may be available if needed.

Enforcing Ownership Of A Patent Trademark

The enforcement of the trademark is solely up to the owner. The USPTO will no longer aid in any dispute once the trademark is granted. Therefore, it is up to the owner of the trademark to insure their word, phrase or design is not being infringed upon.