Legal Question in Intellectual Property in Colorado

Copyright, Patent, or Trademark?

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?)


Asked on 12/02/03, 12:01 am

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Copyright, Patent, or Trademark?

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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Answered on 12/02/03, 10:05 am

Re: Copyright, Patent, or Trademark?

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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Answered on 12/02/03, 12:40 pm


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