As a business owner and operator, it is natural that you would seek as many ways as possible to protect your intellectual property. Intellectual property covers things such as copyright, trademarks, and patents. Each of these offers different forms of protection, and you may be wondering if you can have a trademark and patent at the same time. To answer this, you must first understand what each protection entails before moving forward.
Both of these protections can be complex and confusing for those starting or operating a business. Fortunately, an Orange County patent and trademark attorney who has a full understanding of the laws surrounding these matters can help clarify any confusion and determine which one is the right course of action for your business to take. Or they can assist in deciding whether both are the correct choice.
What Is a Patent?
In general terms, a patent is the protection of an invention. As the inventor, the patent grants you the necessary property rights to your invention and is issued to you by the United States Patent and Trademark Office. This patent keeps others from selling, using, offering to sell, or copying your invention.
When it comes to patents, there are typically three types that apply. These can include:
- Plant Patent: This type of patent applies to situations in which any new or distinctive plant has been invented, discovered, or asexually created.
- Design Patent: This type of patent comes into play when an individual invents a new, original, and ornamental design for an article of manufacture.
- Utility Patent: This type of patent is used for any new or otherwise useful process, machine, article of manufacturer, or improvement of a machine.
What Is a Trademark?
A trademark can set your business apart in an otherwise crowded market. They have the ability to protect your business name, along with any product or service your business provides. As your business grows and reaches a larger consumer audience, it is wise to ensure that the name and symbol attached to your business distinguishes you from the competition, that you are seen as trustworthy by consumers, and that you are protected.
These trademarks can be established within the state of California, at the federal level with the United States Patent and Trademark Office, and even internationally if you plan on expanding your business in such a way. However, there are a few things to keep in mind when deciding between registering your trademark at the state or federal level, including:
- If you are a smaller business, keep in mind that it is more cost-effective to register your trademark with the state of California rather than registering it federally.
- A state trademark registration only protects your trademark within the state of California and not nationwide.
- In some cases, like those of opening and operating a marijuana business, you will only need to register your trademark in the state, as marijuana is not federally legal.
- California trademark registration holds to the same classifications of trademarks as the United States Patent and Trademark Office.
Combining a Trademark and a Patent
In order to establish a successful business, a lot of hard work must be put into researching and coming up with the correct design for your products. After spending so much time and money on this, most business owners want to ensure the long-term protection of these products and designs. Which is why securing your intellectual property is so important.
Combining both patent and trademark protection is not only possible, it provides broader protection. An example of trademark and patent combined protection would be the DUSTBUSTER® vacuum cleaner. This combination gives protection to both the design of the product and the name of the product.
FAQs
Q: What Constitutes a Copyright?
A: Copyright is a kind of intellectual property that protects the original works and creations of a person once the work has been fixed by the creator as a tangible form of expression. These might include paintings, illustrations, works of literature, photographs, sound recordings, computer programs, blog posts, movies, and architectural works.
Q: What Happens If Someone Infringes on My Trademark?
A: The first step for trademark infringement is to send the party accused a formal cease-and-desist letter. You can do this on your own; however, having legal guidance is prudent in case of infringement. The letter will demand that the party accused of infringement stop using your trademarked name or logo immediately. If they continue to do so following the receipt of this letter, you have the legal right to then file a trademark infringement claim.
Q: Do I Need a Lawyer to Apply for a Trademark?
A: No. Legally, you are not required to have a lawyer in order to apply for a trademark. However, having an intellectual property attorney on your side can help you when applying for both trademarks and patents. They have a full understanding of the law surrounding these matters and can ensure that you are covering all your bases for complete protection in your application.
Q: Do Trademarks and Patents Protect Against the Same Types of Infringement?
A: No, trademarks and patents protect against different things, yet they can be used at the same time. Trademarks tend to encompass the protection of things like names, logos, slogans, or short phrases. Patents protect new inventions, new processes, or creations of a scientific nature from being used or sold in an unauthorized way. The combination of these two protections for certain things, however, offers a wide range of protection.
Contact a Trusted California Intellectual Property Attorney Today
Your intellectual property is one of the main assets of your business, and like every other aspect of your business, you want it to be protected. The legal matters that surround situations of intellectual property can be confusing, and it might be difficult to decipher which path is the right one for you and the success and long-term health of your business.
At The Myers Law Group, we are passionate about serving our clients in cases of intellectual property. With over 80 years of combined experience, we believe we have what it takes to help you and offer counsel on IP strategy and how it might apply to your business. Contact our offices today and let’s discuss what course of action might be the right fit for you.