After working hard to establish a business, the last thing you need is for another entity to copy or weaken your brand name, tagline, or logo. These things are considered your intellectual property and deserve legal protection. However, it goes without saying that differentiating between the types of intellectual property can be confusing and complicated, and you might find yourself wondering if you can patent a trademark.
In the state of California and the nation as a whole, there is a stark difference between a trademark and a patent. This difference can be complex, which is why it is crucial, when starting or operating a business, to seek the counsel of a trusted Orange County patent or trademark attorney who can help determine which course of action is right for you. As a business owner, you will want to do everything possible to protect your assets.
What Is Intellectual Property?
In general terms, intellectual property, or IP, is a legal term used to define creations of an individual’s or business’s mind. This can include an invention, idea, or process that can be protected under copyright, patent, trade secrets, or trademark law. Common examples of intellectual property might include the following:
- Logos, such as those made for businesses
- Books
- Sculptures
- Discoveries
- Designs
- Words
- Symbols
- Phrases
- Software
- Recipes
- Patterns
- Music
- Images
- Ingredients
California intellectual property laws help business owners protect their creative and innovative ideas. Business can be a cut-throat industry, and in order to protect yourself and your hard work, it’s prudent to have a full understanding of the intellectual property elements that may apply to your business.
What Constitutes a Trademark?
In the state of California, a trademark is a symbol, slogan, logo, sound, phrase, or word that can be used to promote or represent a product or business. It also serves to set your brand or business apart lest it be confused with other similar brands or businesses by consumers. Some examples of trademarks might include the Nike swoosh, the shape of a Coca-Cola bottle, the Starbucks logo, or the symbol for Apple. There are several different types of trademarks. These include:
- Unregistered Trademark: This kind of trademark is not registered with a governmental agency but is instead indicated with the symbol™. However, these trademarks are offered protection under both federal and state common law. In these situations, whichever business or person uses the trademark first has the right to use it and keep others from doing so.
However, these protections are usually limited to the geographical location in which the business operates. This is why it can be crucial, depending on the type of business you own and operate, to register your trademark for extra protection.
- State Registered Trademark: In the state of California, a business entity can register its trademark with the California Secretary of State. However, it is important to keep in mind that this does not offer trademark protection at the national level, and you would only have legal protection within the state of California.
- Federally Registered Trademark: To ensure all your legal protections are covered for your business’s trademark, federally registering that trademark is the smartest course of action. To do so, you must register your trademark with the United States Patent and Trademark Office. It is wise to have your attorney do a trademark search before registering federally in case there are any similar trademarks and if you should entertain a change of name.
What Constitutes a Patent?
At its core, a patent protects inventions. These inventions might include machines, new processes, or designs of goods. An example might be a new kind of car or truck engine. Patents, however, cannot be applied to trademarks. These kinds of intellectual property are separate, and each requires its own kind of protection. In a majority of cases, there are two main kinds of patents that can be applied for. These include:
- Design Patents: This kind of patent covers things such as an article on a manufacturer’s ornamental design.
- Utility Patents: These patents usually address things like machines, new processes, articles of manufacture, or compositions of matter.
The main benefit of registering a patent is to ensure that your intention or process is safeguarded against others trying to copy, make, use, or sell your personal intellectual property.
FAQs
Q: Can You Have a Trademark and Patent at the Same Time?
A: Yes, in the state of California, it is possible to have a trademark and patent at the same time, especially for things of great importance. For example, the patent of a product’s ornamental design is prudent for a business that hopes to protect its original design and keep others from using, selling, copying, or offering to sell the object with the design, while a trademark can identify the source of the design like your business’s logo.
Q: What Things Cannot Be Patented?
A: Across the country, there are several things that cannot be patented, including names. Other things that cannot be patented include mathematical equations, living things, ideas, abstract ideas, inventions that don’t actually work, methods of medical diagnosis or treatment, works of drama, literature, music, or art–those trademarks might apply to these, depending–or laws of nature.
Q: Can I Copyright a Trademark?
A: According to the United States Copyright Office, you cannot copyright a trademark such as a name, title, slogan, or short phrase. However, your business’s name can be protected. In order to do so, you will need to register your business name as a trademark with the correct state or federal agency.
Q: How Do I Legally Patent a Logo?
A: Logos cannot be patented, but they can be protected by registering for a trademark. On the federal level, you can trademark a logo by registering with the United States Patent and Trademark Office. Trademarking a logo is wise as it can add credibility to your business or product/service offered and help prevent logo theft.
Contact a Trusted Intellectual Property Lawyer Today
Intellectual property protection is an essential part of the creation and operation of any business. With the necessary protection in place, you can save your business the money and headache often wrapped up in legal matters regarding patents and trademarks. While you cannot patent a trademark itself, you can employ both uses of intellectual property protection to ensure your business stands on its own two feet for years to come.
If you have questions regarding intellectual property, trademark registration, or patents, contact The Myers Law Group today. We are passionate about the laws surrounding these matters and want to do whatever we can to offer your business the protection it deserves.