A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.
The application has been examined and accepted for publication. Application published. The application has been accepted and published in the Intellectual Property Office Trade Marks Journal for opposition purposes.
How to File a Patent in North Carolina Do You Have an Idea or Invention? Every invention begins as an idea. Perform Market Research. Verify Patent Eligibility. Conduct a Patent Search. Determine Inventorship & Ownership. Choose the Type of Patent. Prepare the Patent Application. Submit the Patent Application.
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
You cannot patent a phrase! Patents are used to protect inventions and novel and non-obvious processes, machines, or compositions of matter. Phrases, on the other hand, typically fall under trademark protection.
The first is Genericide, a term used when a brand name has become so widely used that it becomes synonymous with a general class of product or service, causing the trademark to lose its distinctiveness. For example, 'Band-Aid' often being used to refer to any adhesive bandage is an instance of genericide.
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
If a trademark misdescribes a quality, purpose, function, feature, characteristic, ingredient, or use of the goods or services, and the misrepresentation would be credible or plausible to consumer, the mark would be refused as deceptively misdescriptive.
Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way. You want your trademark to be strong or “hot,” as opposed to weak or “cold.”