Legal Question in Business Law in New Jersey

I Want to start a restaurant with has very unique concept. Is it possible to patent a Name and concept together?


Asked on 3/28/12, 11:42 am

4 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Yes. you will need some legal help, so let me know if you want me to assist you with this.

Robert Davies, Esq.

201 820 3460

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Answered on 3/28/12, 11:45 am
Barry Gartenberg Barry F. Gartenberg LLC

No. Patents are protections granted to inventors that prevent others from making or selling an invention. While a "concept" is key to an invention, patents are not available for concepts. To protect a name, you need to look to trademark/trade name law. Patents are not available for names. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600. You may also wish to read this article I authored on business names: http://www.bgartenberg.com/CM/Articles/selecting-business-names.html

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

Please visit my website! www.bgartenberg.com or call me if you�d like to learn more about me or my practice. Thank you.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 3/28/12, 11:53 am
John Corbett Corbett Law Firm LLC

One can't patent a name or a concept. However, it is possible to protect the intellectual property rights involved. I handle matters of this type, however the efficiencies in this matter may be influcenced by your lawyer's location. (You did not give enough information for me to tell if our central NJ office can help.) If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/28/12, 11:55 am
Michael Duffy Duffy Law, LLC

Hi there,

You can't patent a business name or concept, but you can possible gain trademark, service mark or trade dress protection. It's a complicated and subjective question as to what potential rights you would have in your mark, and would require attorney review.

If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.

Regards,

Michael J. Duffy

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

[email protected]

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances.

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Answered on 3/28/12, 1:29 pm


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