Can I Trademark an Invention?

No, you can't trademark an invention. You likely want a patent. However, you can trademark the name, logo or slogan that you use to promote or sell your invention.

This information was provided by our founding attorney, Xavier Morales, Esq. 

Trademarks specifically protect the materials that you use to identify your invention to a particular market. A trademark will not protect the specific design, nor will it protect any inherent attributes of the product from replication. A trademark will only prevent competitors from misleading consumers by giving a similar product the same name or slogan.

If your intent is to protect the design of the invention, you may consider getting a patent for the invention as well. A patent will protect the inherent design and functionality of your invention, thus preventing imitation or duplication. The combination of a design patent and a trademark will prevent any other companies from creating a product that is similar in functionality and presentation.

If you would like to trademark the name, logo or slogan for your invention, contact us today so that we may assist you with this difficult process.

The Trademarking Process

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Law Office of Xavier Morales
P.O. BOX 3256
Austin, TX 78764

office: 1-866-618-2517
fax: 1-866-639-4889