Trademarked

Playstation’s Move is trademarked and so is Dr. Pepper and its deep reddish-brown colored can. What does it mean with a product is trademarked? If a product is trademarked, can it be copied?

Inventor Tip:

Registering your idea early could be vital to keeping your rights. Sometimes it's a race to the patent office, as was the case with the telephone with two patents being filed the very same day. Do you even know the name of the OTHER guy?

What does the term “trademarked” mean?

This means that a product’s name or logo is “trademarked” and by law another product cannot have the same name or logo without infringing on a trademark. The term “trademarked” means a company or individual has a legal right to use a certain design because they either have registered their trademark with the US Patent and Trade Office or have a license agreement with the copyright owner.

Can a general term such as “buzz” be trademarked?

One company argues that buzz is a generic term and thus cannot be trademarked. However, this will ultimately be a decision that the Federal Government will have to deliver. In the past, other companies have used generic terms for their products such as “word” or “windows” and today, these terms are indeed trademarked under copyright laws. Is buzz a trademarked name? This depends on if government officials think buzz describes a product.

What is the difference between something being copyrighted or simply trademarked?

A common phrase cannot be copyrighted. However, it can be trademarked. But, the phrase must be short and original to be trademarked. Those violating a trademarked phrase can be prosecuted, as long as the company or individual holding the trademarked phrase or logo can prove their trademark had been violated. If something is copyrighted, the owner would diligently have to protect his copyright by suing violators.

Does a word or phrase have to be trademarked to be a valid phrase or word?

The word or phrase does not have to be trademarked to be a valid phrase or word. The USPTO has a database of registered trademarks. Searches are free. However, the database only covers registered trademarks or pending applications. There may be unregistered trademarks that may be valid as well.

How much does it cost to file an application to have something trademarked?

It costs between $275 and $375 to file an application with the USPTO. Each application is for a single trademarked good or service and applications must include drawings or descriptions of their trademarked service or good. If an attorney files paperwork to have a good or service trademarked, the cost can be around $1,000. In total, individuals can expect to spend $1,500. However, individuals can file alone to something trademarked for around $50.