Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Toy  (Read 929 times)

paradyforprofit

  • Junior Member
  • **
  • Posts: 11
    • View Profile
Toy
« on: 10-19-06 at 01:28 pm »

Is it always a good idea to patent and/or trademark a toy, especially if it is for a complete line of toys?
Logged

Wiscagent

  • Lead Member
  • *****
  • Posts: 1405
    • View Profile
Re: Toy
« Reply #1 on: 10-19-06 at 06:30 pm »

To qualify for a patent your toy would have to be novel and non-obvious.  In this context "novel and non-obvious" are judged from a legal perspective, not a marketing perspective.  Many clever marketing ideas or toy designs are not patentable.  But if you believe that your toy is truly something new, it may be worth considering applying for a patent.  

Toys that have been on the market for twenty years or more are not protected by patents; any patents that were in place have expired.  So if you plan to make a "classic" toy, you don’t have to worry about infringing someone else’s patent.

Regarding a trademark - that's a business decision.  If you plan to sell your toys to a large retail chain, they may prefer to put their own name on the product.  In that case having your own brand name is probably not important.  But if you plan to advertise the toy - you'd want it to have a name, i.e. a trademark, you can use in your ads.

Logged
Richard Tanzer
Patent Agent
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.077 seconds with 17 queries.