Expert: Shannon Moore - 7/8/2008

Question
what exactly does this stand for? On Oprah I saw that this was the first step to even research if your idea was already patented and it's free. what is the first step?

Answer
Dear Audrian,

USPTO = United States Patent & Trademark Office. This is the governmental agency where Federal trademarks as well as patents are filed.

It is not possible to protect ideas but rather the representation of that idea.

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

http://www.nolo.com/resource.cfm/catID/00E99E7C-76B3-406F-AE703233C2157E4E/310/1... -- NOLO – Patents Resource Center
http://www.uspto.gov/web/patents/faqs.htm -- USPTO's FAQ about Patents
http://www.uspto.gov/web/patents/howtopat.htm -- USPTO's How to Get a Patent

Associations may be a good avenue to explore. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet.

http://www.invention-ifia.ch/ -- International Federation of Inventors' Associations
http://www.uiausa.org/ -- United Inventors Association
http://inventors.about.com/od/localorgs/ -- Directory of Local USA & Canada Groups

To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,
Shannon Moore
http://www.tmexpress.com