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A Close Look On Patent Versus Trademark
Patents are classified into three categories such as:
1. Plant patent- if someone discovers a new plant by combining already existing plants through asexual reproduction they can receive the plant patent. 2. Design patent- if someone designs a certain pattern which is original and useful, they can receive a design patent. 3. Utility patent- this patent applies to all the machines, mechanisms that contribute to industrial development. People who create industrial robots, machines, or electric devices that are useful and help the world progress, will receive the utility patent.
A trademark is a distinct mark which is commonly used by organizations, institutions, or companies. Trademarks are being used to exclusively differentiate goods or service from other entities especially its possible competitors. Typically, a trademark consists of a name, logo, symbol, word or phrase, image, design or combination of the said components. With a patent, you have the right to prohibit other people from creating, utilizing, selling, or trading in a patented discovery. On the other hand, with trademark you have an absolute right with your "mark."
The universal rule for patents is that they are public and can be used by people. However, only the inventors benefit from selling or distributing them. With trademarks there is another story, they are used as an image and advertising method. With a good trademark people will be protected from any frauds. The same thing applies to patent, where people are protected from illegal use of their inventions.
You may gain profit. On the patent part, you as an inventor or patentee have the right to sell your discovery. Additionally, you can have your patent licensed in one or more parties for you to obtain some percentage from the selling price. On the other hand, on the part of trademark, entrepreneurs gain profit by it since trademarks are commonly utilized as a marketing tool. The more people who purchase or uses goods or services, the more monetary benefits you will have.
In patent, you seek to obtain a patent and claim it. Primarily, you need to present a written description of your discovery. The description must de detailed. The inventor must describe the uses of his discovery. Most importantly, the inventor must provide specifications of your discovery such as how it was made and how it will be operated. The written description is termed as "patent specification."
For trademark registration, you will also have to complete an application form which can be downloaded in the website of the Patent and Trademark Office. The application form can also be obtained from the physical office itself. Together with the application form, you will submit a piece of paper with the illustration of your "mark." Additionally, just like in patent registration, you also need to give a description of your trademark or service mark as well as on what goods or services it will be utilized.
You shouldn't forget about the fees charged in patent or trademark registration. The USPTO is the organization that deals with these registrations. Also, if you need any help they can provide the advice. You can also check out "The Investors Assistance Center" for any questions you have regarding inventions and patent. If you want information about trademarks, a trademark specialized lawyer is the person you need to obtain good information.
Our ideas, no matter if they are inventions or signatures on our products, must be protected by our society in order to assure economical progress, cultural and social development. A discovery is not only for one person's use, all people should benefit from it; by protecting it, that thing can be assured.
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