When can you trademark an idea [New Info]

Last updated : Aug 2, 2022

Can a concept be trademarked?

Though you cannot trademark a business concept, you may be able to trademark the name, logo, or slogan used to brand your business. This information was provided by our founding attorney, Xavier Morales, Esq.

Can you copyright an idea or concept?

Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

How do I protect an idea?

The five essential legal tools for protecting ideas are patents, trademarks, copyrights, trade dress unfair competition laws, and trade secrets. Some of these legal tools can also be used creatively as marketing aids, and often more than one form of protection is available for a single design or innovation.

How do I keep my idea from being stolen?

1. Trade Secrets. Trade secrets are generally the least expensive strategy to keep an idea from being taken.
2. Copyrights. Copyrights are generally the second least expensive strategy to protect a piece of work.
3. Trademarks.
4. Patents.

How do I register an idea?

1. Register an Idea Patent.
2. Protecting Ideas.
3. Filing a Patent Without an Attorney.
4. Steps to Filing a Patent Application.
5. Keep a Careful Record of Your Invention.
6. Make Sure Your Invention Qualifies for Patent Protection.
7. Assess the Commercial Potential of Your Invention.

How much does it cost to trademark an idea?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How do I protect my idea without a patent?

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

How do you sell an idea to a company without them stealing it?

You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company's ability to use your idea without paying you for it.

Can someone steal my idea if I have a patent pending?

What Is Patent Pending Infringement? As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission.

Can a manufacturer steal your idea?

Ideas alone are not protected under intellectual property law. There are two primary ways that you would be able to sue the company for stealing your idea. The first is if you did, in fact, reduce the idea to a protectable form before telling the company about it.

How can I protect my new business idea?

1. Federal or State Registration.
2. Non-Disclosure Agreements.
3. Non-Compete and Non-Solicitation Agreements.
4. Work-for-Hire Agreements.
5. Provisional Patents.
6. Trade Secrets Law.
7. Use Secure Communication.
8. Timestamp Your Ideas.

Can I patent an idea without a prototype?

Many inventors wonder if they need a prototype prior to patenting an invention. The simple answer is “no'. A prototype is not required prior to filing a patent application with the U.S. Patent Office. While prototypes can be valuable in developing your invention, they can also be costly.

Can patent attorney steal your idea?

However, patent lawyers are bound by ethics and professional responsibility requirements. Stealing an idea would be a serious breach of duty for a lawyer that can expose him or her to punishments from the bar, and the original inventor would likely be able to sue for theft.

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What is the difference between copyright and a trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Will a poor man's patent hold up in court?

Even under the old system, i.e., the “first to invent” system, a “poor man's patent” standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.

Who to contact if you have an idea for an invention?

Visit the U.S. Patent and Trademark Office (USPTO) website and investigate any patents on items similar to the one you want to make. If you have questions or want to ensure your invention is legal for you to create and sell, consult an attorney who specializes in patents and IP law.

What makes an idea patentable?

To be patentable, the invention must be statutory, novel, useful, and nonobvious. Certain requirements, such as novelty and non-obviousness, may involve conducting a preliminary patent search with the assistance of an attorney or agent.

How do I turn my idea into a product?

1. Step 1: Document It. Simply having an "idea" is worthless — you need to have proof of when you came up with the invention ideas.
2. Step 2: Research It.
3. Step 3: Make a Prototype.
4. Step 4: File a Patent.
5. Step 5: Market Your Invention.

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Write a comment

how do i trademark an idea the simplest explanation for how to trademark an idea is that you cannot do so trademarks provide protection for names logos and other types of identifiers that indicate which business has made a product or provided a service for customers and clients this type of protection is extended to actual things that can be seen or read which are used to identify one business from another and avoid customer confusion while providing protection of intellectual property since an idea is not typically considered a real form of intellectual property you cannot trademark an idea even though you cannot trademark an idea there are three major ways in which you can protect a given form of intellectual property all of these methods protect something that is real or at least visible something that has gone from being an idea to being a reality copyrights protect works of Arts and artistic creations including everything from drawings and poems to pieces of music and architectural designs patents are used to protect inventions and machines those that establish new ways of doing things were new versions of an established concept a trademark is established to protect intellectual property that serves to identify a product or service provided by a business and you cannot trademark an idea because it does not serve as such an identifier intellectual property protection extended through these types of marks protect only an actual product or realized creation you cannot trademark an idea simply because as a concept ideas do not constitute actual property this would be similar to someone attempting to declare ownership of a hypothetical landmass that may arise at a future date due to volcanic activity beneath the Earth's oceans you cannot trademark an idea because you cannot trademark the potential or concept of something only an actual thing that serves to identify your business or services when you register a trademark you must also provide a drawing of your trademark and you will usually need to provide a sample of the trademark in use since an idea exists in an ephemeral sort of way you could not provide a drawing of an idea and so you could not trade market being able to trademark an idea would also create great potential for abuse as various businesses and individuals could lay claim to entire concepts thereby eliminating any risk of competition since the very idea of a particular product or service would be protected by trademark

Thanks for your comment Britney Ashbaugh, have a nice day.
- Lonnie Crumly, Staff Member

hey this is attorney elizabeth potts weinstein and today we're going to talk about how to trademark an idea when we're looking at how to trademark an idea we first have to look at what do we mean by an idea that could be the name of a business the name of a product or service it could be a system that you've come up with it could be a recipe a plan a project some kind of invention there are all kinds of things that you might consider an idea and how you protect them depends upon what kind of idea it is and how far along you are in the process an idea by itself isn't protectable it has to have something else with it so if it's an idea that's secret it might be protected under trade secret law if it's an idea that's a useful invention it might be protected under patent law if it's an idea that is creative it might be protected under copyright law and if it's idea that's kind of a branding for something that might be protectable under trademark law so if you want to protect an idea under trademark law it needs to be a word or a phrase or a logo that you are using in conjunction with the sale of a product or service to identify you as the source of that product or service so obviously that's not going to be every idea but there are certain ideas that typically are the names of a business the names of a program a service that you're providing it could be the name of your product it could be the branding that's on the top of your website that you might be able to protect under trademark law so under trademark law in the united states if you have an idea that you might want to protect under trademark law typically if you're calling in an idea you haven't actually launched the business yet and you haven't made any sales so if you're not using it in conjunction with the sale of a product or service how do you protect it well what you do in the united states is you can file an intent to use trademark application and that is an application for something that you intend to use and you will say under penalty of perjury that you intend to use this in commerce but you're not quite using it yet so the benefits of an intent to use trademark application is number one you get to find out if you're gonna get the trademark maybe it seems like a great idea and it seems like no one else is using it but you can't get it through the patent and trademark office to get approved and you'd much rather know that now than after you've already created a website and done all the branding and started making sales there are two problems with intent to use applications number one is there are a little bit more fees and that can be an issue for some people who are on a tiny tiny budget because the initial fee is the same but when you file some other documents such as your statement of use proving that you actually use this trademark in commerce eventually and also any extensions you need for more time that's going to cost you more money every time you do it the second issue is if you intend to use a trademark and you're not using it already and it's just an idea it's not set in stone you might change your mind and be tweaking it a bit before you actually use it in commerce the danger is if you change the design of that logo if you change the words that you're using in your branding then your trademark application doesn't count because you applied for a trademark under one thing and now you're using something else even if it's just a tiny bit different and when i say a tiny bit different i'm talking about very tiny changes like let's say you decide instead of having two words to smash the words together with no space that's too much of a change let's say you use a dash in between let's say you change the spelling of the words all those things all those changes to your branding means that you're not going to be able to declare that you use it in commerce because you use something different than your initial application the bottom line is if you have an idea that you want to protect under trademark law the first thing you need to do is a search you need to search on google you need to search the trademark database you can look for other domain names search on amazon all kinds of places to see is anyone else using that exact trademark and also other things like it and i talk in another video that i'm going to link above more details about the kind of search that you need to do you want to know if someone else out there is using that trademark so you don't waste your time and money in developing it and also so you don't get a cease and desist letter from some person who already had dibs on that idea again this is elizabeth potts weinstein if you have any questions about protecting your ideas feel free to go ahead and ask them below and i'll try to point you in the right direction if you found this video helpful hit that like button and subscribe for more tips about trademark law and business law generally thanks a lot for watching bye

Thanks Glory your participation is very much appreciated
- Lonnie Crumly

About the author

Lonnie Crumly

I've studied aerodynamics at Thomas Edison State University in Trenton and I am an expert in library circulation. I usually feel giggly. My previous job was communications professor I held this position for 5 years, I love talking about baseball and scootering. Huge fan of Jayme Closs I practice acrobatic gymnastics and collect disney pin trading.