how does a company get patented?

Question

corporated,incorporated,trademarked, so on. ive always wondered. and can there be two of the same lets say slogans that were both trademarked but are from a different company.

Answer 1

You wouldn't patent it. 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

To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

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.

To register a trademark, that's done either through 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 (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Yes, it may be possible that two trademarks co-exist. It depends on a number of factors. For instance, if the products/services are NOT related in any way, it's typically okay. Again, there are a lot of gray areas when it comes to trademark law. If you're seeking advice about a particular situation, contact a trademark attorney.

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