A trade name refers to the name of a business, which is protected through other legal vehicles such as incorporation and fictitious business name statements. Top of Page Trademark Registration Trademarks can be registered prior to being used by filing an application with a good faith intent to use the trademark in the near future. In order for a trademark to maintain its protection, it must be used. You cannot obtain protection for a trademark on a product that is no longer being manufactured or sold. Before you register your mark, be sure to use the trademark symbol properly on your product.
Trademarks have a simple application process.
A drawing of the mark Five facsimiles or specimens of your trademark must accompany your application To complete your application, you must include the filing fee Trademarks are valid for a period of 20 years and are continually renewable unless abandoned by the business. You can order these publications from the Office of Public Affairs, Department of Commerce, U.S. Patent and Trademark Office, Washington, D.C. 20231. A patent prevents all others from duplicating, producing, or selling the creator's invention or discovery without permission for the duration of the patent. Even if you don't think you'll ever do anything constructive with the idea, a patent will at least afford you the time to think about it and prevent others from stealing your idea just in case you do decide to do something. According to current patent law, there are a few general requirements your invention or discovery must meet before it is considered patentable.