Can I Trademark an Invention?
No. But you can trademark its branding.
Time for a very quick overview of intellectual property law. Trademarks protect the names, logos, etc. you use to market and sell your products and services. Copyrights protect artistic expression. Patents protect inventions. Now you already know the answer to whether you can trademark an invention: No. However, you can absolutely trademark the name, logo, and slogan you’re using to market and sell that invention. Protecting the invention itself requires filing for a utility patent (not a design patent), but a patent attorney can explain that process to you in more detail. Finally, no matter how unique your invention may be, you also have to brand it with a unique name in order for it to qualify for trademark protection.
If you have invented something new and you’re interested in selling it to the public, contact a patent attorney first, then contact us to speak with trademark attorney Eric Norton about the importance of a comprehensive trademark clearance search to ensure your branding is not infringing on another’s trademark and how we can help you trademark the name, logo, and slogan of your new invention.