Can you Trademark an Idea?

You can only Trademark business assets that are used to identify and distinguish goods and services sold under it. However, certain aspects of your business ideas can gain protection under the Patents and Copyright Acts.

When businesses come up with new procedures that would push them ahead in the market, they become concerned about ‘Idea Theft’. They look to protect their ideas and trade secrets to ensure that competitors don’t use it for themselves. Most businesses aren't out to steal ideas. However, it isn’t impossible. When such concerns arise, there are a few things that you can do to mark sure your ideas are protected.

What can be trademarked? 

You can’t protect your business ideas with trademarks. However, you can protect phases, logo designs, colour combinations or words related to your business identity with a trademark. So, if you have a creative idea for a brand tagline or slogan, which you want to use, then you can apply for a trademark registration. Note that you must necessarily use your trademark to help distinguish your goods and services from those of another. Non-use will lead to abandonment.

Copyright idea

You will not be able to copyright concepts, systems or methods. However, if your brand has expressed certain things in writing or drawings, then you can claim a copyright registration for that. For instance, architectural designs or computer coding can be protected under copyright registration.

Understand that the copyright will not protect the idea that is described in your written or graphical work. For instance, while the copyright will protect the computer coding, it will not protect the idea that it represents. Another entity would be free to recreate the idea, using another type of coding.

Can you trademark an Idea

Ideas that can be patented

If your idea revolves around inventing a new product or is an inventive step that hasn’t been described in any prior publications or has not been used before in the country, you can consider patenting the new product or invention. A new and novel method or procedure can be protected under the Patents Act, 1970. Note that the mere idea behind the product cannot be patented, the product, invention, prototype or experiment results is to be produced to prove the inventive step while applying for a patent. 


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