What sorts of things are covered by trade marks?
I have a genius idea for a new mouse trap. Can I trade mark this?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Lance Scott, Paddington 2021 NSW
- Trade marks protect branding elements not ideas. If the new mousetrap is sufficiently novel and inventive it may qualify for patent protection and you should explore that as soon as possible and particularly prior to disclosing your idea to anyone. If the product has a new look then design protection may be appropriate.
- No doubt your new mousetrap will have a name and brand identity. As your business progresses your brand may become very valuable. In fact your brand identity could possibly become even more valuable than the product design and invention itself.
- You should initiate searches and register trade mark protection so that you can select and protect a strong brand from the outset.