I am very interested in this topic as well please!
I have been doing quite a bit of research in this area but I still feel like I could make a very expensive mistake if approached incorrectly.
Key Terminology to Know:
- Trademark: Generally are a word, phrase, design, symbol, or a combination used to distinguishes your product from another. They usually protect brand names and logos
- Service mark: Generally are a word, phrase, design, symbol, or a combination used to distinguishes your services from another.
- Copyright: Protect the original content creator (usually considered artistic or literary work).
- Patent: Protects an invention.
Example of differences:
Lets assume we invented a new QuickBooks application:
The Patent would protect your invention.
The Copyright would protect the content created to market the invention.
The Trademark would protect the name or the logo of the invention.
Likelihood of Confusion with Other Marks:
This is the most common reason that the USPTO will refuse a registration. This is often the case when:
- The marks are similar
- when the goods or services are related in a way that it would cause confusion in the mind of the consumer.
Cost of Filing:
Current prices to file begins at $225.00 (non refundable) to file online.
The cost of filing may increase based on the class your trademark falls into. If your product or service falls into multiple classes, a separate filing fee is required for each of the potential classes.
Currently there are 45 different classes that your trademark may fall into.
Grandfathered Clause:
Even if a trademark has been acquired, it is possible for a company that previously held the mark to be allowed to continue using the mark if they can prove that they used and registered it first.
I have attached a PDF document from the USPTO that focuses on Protecting your Trademark
My Question:
What is the best way to protect the creation of a workflow design if all parts of the workflow already exist? More specifically, I have designed numerous efficient workflows that I would be interested in protecting if possible.
Legal Counsel:
While it is possible to file without the assistance of an attorney, it is strongly suggested to at least consult one ( especially since I am not a specialist). Hiring a specialized attorney will help ensure that all deadlines are procedures are follows appropriately. For example, while applying for a trademark, it is necessary to state if the mark is already in use as well as the first date used.
Links:
Search pending and registered marks using the
Trademark Electronic Search System (TESS).
File applications and other documents online using the
Trademark Electronic Application System (TEAS).