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patent? copyright? trademark?

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donna1104

Junior Member
What is the name of your state (only U.S. law)? CA
Hi,
I am not sure for intellectual property if there is anything I can protect. I created a business that provides a very unique service for pet owners. I know protecting it is challenging (ie: Uber, Lyft etc). Once you put something out there, I believe it opens you to competition. Do I have any options to protect interest or idea?
 


justalayman

Senior Member
That is a huge question;

Uber and Lyft have protections regarding their name (trademark). They have no protections over providing a de facto cab service as it is not patentable.

A service in general is not patentable.

If there is some patentable process utilize in your service you could seek to patent or a patentable device or product, you could patent that and protect that from others using it.

If you believe your service or equipment utilized is eligible for such a utility or product patent, speak with an IP attorney to talk about the possibilities.


Other than that, you can’t protect scooping poop as a service (just using it as an example) through patent, trademark, or copyright.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? CA
Hi,
I am not sure for intellectual property if there is anything I can protect. I created a business that provides a very unique service for pet owners. I know protecting it is challenging (ie: Uber, Lyft etc). Once you put something out there, I believe it opens you to competition. Do I have any options to protect interest or idea?
Patents protect inventions. Utility patents protect new and nonobvious processes or machines or manufactures or compositions of matter or improvements on ideas. Design patents protect new and original designs. Plant patents protect novel and nonobvious asexually or sexually reproducible plants.

Trademarks protect business identifiers - the names, logos, slogans, shapes, smells, sounds, designs that distinguish one company's goods and services from those of all others.

Copyrights protect original and creative expressions - in art, literature, music, lyrics, photography, movies, etc., under copyright laws. The protection is automatic upon creation but registration with the US Copyright Office provides additional benefits.

And trade secret laws can protect any confidential information that makes your business different and perhaps better than others.

Without knowing more, it is already possible for your pet service to protect its business identifiers under trademark laws, like its name and advertising slogans and logo. You will want to pick identifiers that are unique to your business, that are not already in use by another.

Your pet service can protect any creative and original designs and text used in the promotion of the business under copyright laws.

If your business has developed a unique and nonobvious process or product for, say, grooming or training pets, a patent could be possible.

And your pet business can develop in secret its special and unique plans by making use of nondisclosure/confidentiality agreements.

It is very difficult to stop competitors from admiring your business and wanting to take your ideas to start a business of their own, however. The best most "first" businesses can hope for is that what they market is better than any similar business that follows in its footsteps.

You would benefit from a personal review of your business by a business law attorney before making your idea public.

Good luck.

US Patent and Trademark Office (USPTO): http://www.uspto.gov

US Copyright Office: http://www.copyright.gov
 
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