I have a new product, unknown as yet. How do I go about getting proctected from copies and get a brand name?

Question

Brand names, Patent, Trade Mark? I have no idea what I need to do or how to go about the procedure.

Answer 1

You've got two different issues here; let's tackle them one at a time.

RE: New Product/Invention

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

NOLO is a great, free informational site. Also, be sure to read what else the USPTO (United States Patent & Trademark Office) has to say about patents.

Associations may be a good avenue to explore as well. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. See the source box for some relevant links.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

RE: Trademarks

To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

First do a thorough patent search to make sure your product is unique. Then take ll of your drawings, design examples, explanations, etc. and get a copy of them. Have each page stamped and notarized as a true copy by a notary public. Then put all these copies into an envelope and mail it to yourself.

That should at least establish the time of your new invention. If you want to pursue a patent, I would suggest getting a patent attorney, it's not cheap. And... if someone does infringe on your idea, you are going to need a lot of money (and a good attorney) to protect your invention.

As for brand name don't worry about it unless you plan on selling your idea to a big company. If you do that, make sure they sign a good nondisclosure agreement before you show it to them.

Answer 3

contact an intellectual property attorney.

http://abv.com