We are going to get custome hats made but i have a idea to do on the hat ive never seen before is there a way i can makse sure its never been done website, etc. And if would i need to patent it or trademark it so if anyone trys to steal the idea and make it there well i can take to court
please let us know
Thanks
Even Clothing
We are going to get custome hats made but i have a idea to do on the hat ive never seen before is there a way i can makse sure its never been done website, etc. And if would i need to patent it or trademark it so if anyone trys to steal the idea and make it there well i can take to court
please let us know
Thanks
Even Clothing
I don't think you can protect an "idea".
You can copyright a design and you can trademark a brand and you can patent an invention.
I don't think your idea would fit into any of those, but if you really want to know you should check with a lawyer. I could be wrong
In theory you can patent an idea, but (notwithstanding the lawyer who managed to get his story idea patented) it's intended for the patenting of ideas for physical implementation, not the creative arts.
"Design patents, on the other hand, protect the ornamental aspects of functional items from being infringed. One does not have to show that the infringing item was copied from the original. Thus a design that was arrived at independently can still infringe a design patent.
Many objects can be protected by both copyrights and design patents. The Statue of Liberty is one such example."
You would need to talk to a lawyer. And it will not be cheap. If I remember correctly, the average price spent by small businesses/individuals to take a patent through the entire process was about $20,000. And that was 10 years ago.
Someone has an idea to put a "saying" on a t-shirt. An example is the "Have a Nice Day" with the smiley face. He wants to know if he can patent or copyright the "saying" that he has so that no-one else steals it. What is the best thing he should do to protect his idea?
He wants to know if he can patent or copyright the "saying"
Is this like going into a doctor's surgery and saying "my friend has this problem..."?
Anyway... you can't patent or copyright a saying.
Quote:
Originally Posted by Wynn28
What is the best thing he should do to protect his idea?
The best way to protect it is to sell a heck of a lot of product before anyone else does. Money in the bank before the money runs out is about the best form of protection available in business.
If you want legal recourse, trademarking would be the way to go. But for a "saying"... not very likely to be granted.
Hi Lynn. It would be totally impossible to lay claim to copyright on a phrase. Same would apply to a very simple graphic, like a smiley face.
Reality is, the world is a big place and it would be impossible to know what is (or isn't) already out there. Breach of copyright, especially when it occurs in a country other than your own, can be virtually impossible to monitor and even more so to attempt to enforce.
Thanks for the advice. It's a relative that has an incredible idea and he asked my opinion....I wish it was mine but I appreciate your opinion!
Have a Nice Day ! LOL
Thank you for your opinion! He is going to put the wheels in motion right away to get the shirt out there and get the money in the bank as you suggested.
Have a Nice Day!
This is a discussion about Would I need a Patent Or Trademark for this that was posted in the General T-Shirt Selling Discussion section of the forums.
Would I need a Patent Or Trademark for this 
