What is the name of your state (only U.S. law)? NY
We are interested in recreating a product that stopped being produced in the 1980s. To get started we just want the name and the logo as it was which was just a text drawing. I've tried researching the product itself, the name, etc. and the only thing I came up with was that the name was trademarked as having a text design but that was cancelled in the mid-1990s.
1) Can we take the name and the design and do we just trademark it as well or do we need to copyright it too?
2) As for the product, we could not find a patent under the product's name at all. Does that mean we can take the design and patent it or what do we need to do to make the product ours? Is changing one thing on it enough? My husband seems to think that because the product is a design of something that it is a copyright thing. Is he correct or is it patent?
Anybody know of any patent/copyright attorneys who would be willing to consult without a huge cost, especially knowing that should we move forward, we would need to hire a lawyer we could trust which would hopefully be that person?
We are interested in recreating a product that stopped being produced in the 1980s. To get started we just want the name and the logo as it was which was just a text drawing. I've tried researching the product itself, the name, etc. and the only thing I came up with was that the name was trademarked as having a text design but that was cancelled in the mid-1990s.
1) Can we take the name and the design and do we just trademark it as well or do we need to copyright it too?
2) As for the product, we could not find a patent under the product's name at all. Does that mean we can take the design and patent it or what do we need to do to make the product ours? Is changing one thing on it enough? My husband seems to think that because the product is a design of something that it is a copyright thing. Is he correct or is it patent?
Anybody know of any patent/copyright attorneys who would be willing to consult without a huge cost, especially knowing that should we move forward, we would need to hire a lawyer we could trust which would hopefully be that person?