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Copyright, Patent, or Trademark?
Posted by . updated on 12/2/2003
I have created an idea for a product that I intend on having produced. The product is based on a short (four word) phrase and the four letter acronym based on the phrase. The acronym is going to be placed on a bracelet. I have also considered T-shirts, key chains, and other products. To own the phrase and acronym, should I file a copyright, patent, or trademark? If applicable, what type should I file? I am concerned about filling the proper forms and price (State vs. National?)
Answers (2)
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Lawrenc...
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This is in the sphere of trademark. Under the federal trademark law, you can apply based upon an "intent to use" a mark, whereas most states require actual use in commerce for a state registration. There are very narrow circumstances where a state registration is worthwhile, but ordinarily it is a waste of money. While you would be protected under the federal trademark law once you commence sales in interstate commerce of your products, there are a number of advantages in filing a federal trademark application. However, you need to weigh those benefits in light of the costs involved. Glad to answer more specific questions if you need more information. Best wishes, LDWG
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D. Floum
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Trademark protects designation of the source of goods (in essence, the brand name). Copyright protects the expression of ideas (such as a creative description). Patent protects the ideas itself. Thus, you need trademark and potentially copyright. I would need more information before I can advise you.
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