Asked in Intellectual Property and Trademark

Q: What is the best entity to help obtain a trademark?

I have an idea. I want to trademark it. Build it. Sell it. Be comfortable.

1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Trademarks Lawyer
  • Phoenix, AZ

A: Hello. When you talk about protecting an "idea" that you want to "build," that sounds a bit like you are talking about something that would need a patent, not a trademark. Patents can protect ideas, inventions, etc. Trademarks are words, slogans, logos, images, etc. that are used in conjunction with products and/or services. So, you would patent a new idea for a type of pen, you would trademark Nike, Yahoo!, the Amazon smile, etc.

As for entities, that is a business decision, not an intellectual property decision. A patent is applied for and held by the inventor(s), though it can be assigned or licensed to a company. It is a good idea to form a corporation or LLC if you plan to go into business, but that is a completely separate topic from the patent or trademark.

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