TradeMarks and Patents

[davidfv]

I think FIRST encourages teams to be entrepreneurial in what they do as a team. I was wondering if teams have Trademarked Logos, words, sayings as part of their team and if teams have any patents.

We are looking to Trademark some things this year, but a lot of pushback from the school who are basically saying it would not be GP to hold on to something.

I know that FIRST trademarked Gracious Professionalism and Coopertition. http://www.usfirst.org/aboutus/gracious-professionalism

What is the opinion here on CD?

If a team has a unique brand or term such as GP or Coopertition, should they actually Trademark it?

I fully support that if they invent something they should seek a patent.

Thanks in advance.

[Cyan]

There wouldn't be much of a reason to get a patent besides being able to legally put a "TM" mark on stuff. Besides, everything we do is part of FIRST, which is a registered company. Correct me if I'm wrong, but we aren't restricted by law to do certain things (like sell inventions or use a brand name). Gracious Professionalism and Coopertition are trademarks because they're supposed to legally represent FIRST's services to high school students.

Again, I don't see much of a reason to apply for a patent. Someone else may be able to help you more.

[Michael Hill]

Patents? No. Patents are difficult to obtain and expensive to keep.

Trademarks? Maybe, if you've full well defined your team's brand and want to trademark it so that you alone are allowed to have your team's look and feel. You could trademark (sometimes copyright) a team logo if you want, but are you really going to take another team to court over it?

[Alan Anderson]

Originally Posted by Michael Hill

Patents? No. Patents are difficult to obtain and expensive to keep.

Don't you remember your old team's own patented drive system? http://www.chiefdelphi.com/forums/sh...ad.php?t=18772

[dtengineering]

It might be an interesting exercise for a team to go through the process of preparing a trademark application and researching the costs and steps involved, and assessing the benefits that it could convey.

One of the first things you'll learn is that patents and trademarks are two completely separate things. And then you'll learn something about copyright, too. And then you'll learn that an American patent or trademark is only valid in the United States... for actual world wide protection you've got to file all over the place and in many different languages.

Intellectual property is a very interesting field. If you are interested in it, then pursue that interest. I don't see it offering any immediate advantage to your team, but if you learn about IP in the process that is a benefit in itself.

Jason

[Knufire]

Looks like 217 did way back when: http://www.chiefdelphi.com/media/papers/1361

[sanddrag]

I've looked into doing a trademark. It's kind of a lot of work, but manageable given enough time, and it only costs a few hundred $. It's something I need to get back onto my priority list. It is worth doing.

[DampRobot]

Originally Posted by Knufire

Looks like 217 did way back when: http://www.chiefdelphi.com/media/papers/1361

Anyone know if the CCT patent actually went through, or what number it is?

[protoserge]

You can put a common-law trademark, ™, on anything you claim ownership of. A registered trademark, ®, is legally enforceable by the USPTO.

Filing for a registered trademark costs at least $1500 using a lawyer (and it is highly recommended to use a lawyer).

Here is the best information.

If you are not sure why the school won't let you claim a trademark, ask them for an explanation. They probably have good reasoning.

[Lil' Lavery]

Originally Posted by davidfv

We are looking to Trademark some things this year, but a lot of pushback from the school who are basically saying it would not be GP to hold on to something.

I agree with your school.

[Chris is me]

Originally Posted by davidfv

I think FIRST encourages teams to be entrepreneurial in what they do as a team. I was wondering if teams have Trademarked Logos, words, sayings as part of their team and if teams have any patents.

We are looking to Trademark some things this year, but a lot of pushback from the school who are basically saying it would not be GP to hold on to something.

What do you wish to accomplish with a trademark that the standard protection of copyright on creative works does not already accomplish? Is your image really going to be stolen by another team? Are you going to wish to go through legal proceedings if this does happen? I just don't see the benefit.

I fully support that if they invent something they should seek a patent.

Thanks in advance.

Design patents aside (which are less about preventing copying of mechanisms and more about specific products, e.g. an entire robot), there's not a lot if anything in FRC that's been "invented" here and patentable. Most ideas are derivative.

[kellymc]

This is an area which I am familiar with being a registered patent attorney.

As others have mentioned, the patent process can be very expensive as well as time consuming. Also, a patent is only good if you really have the ability and desire to enforce it (i.e. $$$$$)

Trademarks on the other hand are relatively inexpensive and can be readily obtained without the need for an attorney. The US Patent Office (USPTO) has programs to help individuals obtain protection for their trademarks.

Being part of FIRST, I see no problem with trademarking a logo that your team uses as it is part of your teams identity.

Also, FIRST is encouraging this process though the First Future Inventor Award program that encourages teams to submit inventions for the award.

Kelly