| Archive for Downsizer For an ethical approach to consumption |
| sally_in_wales |
Applying for a trademark, anyone here done it?I've had three different people suggest to me in the last few days that as the plague rats are rapidly going global and getting more interest all the time, that I ought to trademark the name.I've yet to read all the paperwork in minute detail, but it looks expensive and complicated at first glance, and I just wondered if anyone here hadd ever trademarked anything and whether it was really worth the effort? In the short term I'm thinking of putting a few statements on the website to the effect that we've been making these for nearly ten years and they are copyright us etc etc, but I'm not really all that sure how likely we are to find people selling knockoffs and whether a trademark would really help in any real way as we promote them more determinedly 
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| tahir |
You need to at least chat with a trademark agent, ours is:
http://www.pagehargrave.co.uk/ It's a complex area and is likely to cost a fair bit of time and money but it can be worth it, we've had people pay to licence similar brand labels to ours because we were so well protected and managed to get BSkyB to not use something similar. |
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| Brownbear |
If they're really taking off (and I always thought you were on to a winner with thise little things), then people will rip them off. Trademarking or not is something for an advisor, but don't be in any doubt, there will be knock-off copies. Whether or not you choose to protect them is a benefit vs. cost issue.
Have you thought about a patent instead? Not sure if a toy rat with herbs inside is possible to patent, but it might be cheaper than trademarking. Something for a decent lawyer specialising in intellectual property. Money on a specialist lawyer is usually well spent. |
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| Helen_A |
Registered design is the other option. I haven't gone through the process as yet, but I do own a couple... | ||
| Penny |
We trademarked our logo and name ourselves without using an agent. There are very clear instructions on what to do here. | ||
| cab |
If it hasn't been done and it isn't obvious to someone skilled in making such things, then its patentable. That wouldn't get the name 'plague rat' protected though, and ultimately the cost of patenting such a thing (which you'd have to do in a heck of a lot of countries to really protect the idea) would be potentially huge; it isn't clear how you'd defend the idea once patented anyway, so I wouldn't go down the route of patenting. Besides, the contents have been well publicised for years, so its arguable that the boat has been missed on that anyway. Trade marking wouldn't protect the idea, but it would protect the name and certain design aspects (I believe). |
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| Dr Rob |
I used to advise on intellectual property and trademark and patent protection are totally different. The process for the former is reasonably straightforward and the information online from the IP Office is comprehensive and understandable. Your mark must be distinctive. Protection must be renewed every 10 years
Patents are concerned with inventions and this can be a very involved process. It's usual to employ a patent agent. |
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| JB |
Patents are also a nightmare to get right and really do need someone with legal expertise in that area to ensure that your patent isn't so loosely worded as to be unenforceable or so tightly worded that a copy with even the minutest difference would not infringe the patent. | ||
| Shan |
Hi,
We have trademarked a brand name. We did do it through an agent because I simply did not have the time to get through the entire process. The whole process took quite a long time, I'll try look back through my records to give you a timeline if you would like me to? |