Registered Trademark or Patent....what is the difference.

[CandleMama6]

Hi all,

I have been searching and reading and still, for some reason, do not understand the difference between a registered trademark and patent OR what exactly you need them for.

Any help would be greatly appreciated!!

[southern.scents]

A patent would be there to protect a product/idea.

A trademark is to protect a word or a phrase.

For example, you invented the microwave oven. You'd patent the idea and you'd trademark the phrase "CandleMama's Ovens." Since you patented the ideas and schematics for the microwave oven, no one could manufacture them to be sold without coming to you and requesting permission (which might be granted with a hefty fee.) The TM would keep people from being able to produce a product in a similar category as your revolutionary ovens and using your name on them.

Edited February 19, 2010 by southern.scents
added info

[CandleMama6]

Thank you southern.scents. That is what I thought but my mind just could not grasp and hold the concept. Been a very long week I guess.

Has anyone ever felt a need to do either?

Edited February 19, 2010 by CandleMama6
can't spell

[Catlover]

I'm wondering the same thing about trademarking my business name. I think it's a pretty good one, and it would be pretty crappy to find someone else using it someday! Seems like it's a little pricey to do, but ultimately worth it.

[Twoscentsworth]

Quote "A trademark is to protect a word or a phrase." Unquote

I do not believe you can trademark a phrase. Just like you cannot trademark a website name...you trademark a name for goods or services. What you are protecting is your name, sometimes your company name, sometimes the name of your product etc. there is more to it.

The best place to learn the differences is the www.uspto.gov web site.

I tm'd two names...when I started I didn't know whether I wanted to go "big" or not and also thought if I ever wanted to sell the business it would be better to have the names tm'd.

Edited February 19, 2010 by Twoscentsworth

[southern.scents]

You can trademark a phrase. As a matter of a fact, you can trademark almost anything that can and will be used in commerce so long as it isn't considered something common (although, keep in mind, I'm no expert and I'm just going based on my limited amounts of research.) You MUST use the TM. You cannot get a TM and just let it sit. If you aren't using it, you lose it.

I would suggest, if you are serious about getting a TM, you speak with an Intellectual Property Rights Lawyer. One thing to keep in mind when filing a TM, they are NON REFUNDABLE! Even if they deny your TM filing, you will not receive a refund. This is why a lawyer would be valuable... I would rather spend a couple extra hundred dollars on a lawyer to get it right the first time as opposed to spending a couple hundred dollars filing over and over again.