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How to patent/copyright/tradermark an Internet Website Name?

by thomasr
5 replies
I have an internet website. It is a great idea along the lines of a 99cent store. But technology not retail. Anyways i have not put it live because I am afraid someone will steal my idea and do it bigger and better.

How do I obtain a patent/copyright/trademark? Which do I need? Am I patenting the name/or idea. Also what is the cost associated with this. Finally do I incorporate the business now or can I do it after the patent if the business does indeed take off?
#internet #website
  • Profile picture of the author Dan C. Rinnert
    Copyright: For fixed modes of expression, which would be content such as articles, audios, videos, etc.

    Trademark: For protecting a name used for commercial use, such as a tradename or brand.

    Patent: For inventions, which can include systems and processes.

    Copyrights are secured (in the U.S. and other Berne signatories (I believe)) upon creation. Registration provides additional benefits. Cost is around $35.

    Trademarks are similar. You can use the TM mark (or SM) without a fee; just make sure your mark is not already in use. A registered trademark is going to be more expensive, running into (at least) hundreds of dollars.

    Patents are also expensive. I haven't applied for any, so I don't know the costs, but from what I've heard, you're looking at hundreds or thousands of dollars to secure a patent.
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  • Profile picture of the author jacktackett
    You can not patent/copyright/trademark an idea. Only their expressions/implementations depending on which you use. Dan has given a very good overview. Unless you have some deep pockets and cutting/bleeding edge technology or processes then a patent is out of the question. Now you can go for a patent pending rather cheaply - which gives you about a year (I think) to finalize the patent. I've never paid for a patent myself - the companies I've worked for have done that.
    There is another area of patents - called design patents - you may want to look at as well - but I've never heard them applied to websites.

    You should concentrate on Copyrights and trademarks.

    You should also be asking this of a qualified intellectual property attorney - and not a goober like me on a forum...IANAL, don't even play one on TV.

    Good luck,
    --Jack
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    • Profile picture of the author thomasr
      Originally Posted by jacktackett View Post

      You should also be asking this of a qualified intellectual property attorney - and not a goober like me on a forum...IANAL, don't even play one on TV.
      --Jack
      Thanks JAck....I figured I would ask the goobs on the web as a starting point. I guess I will have to bite the bullet and pay for an hour worth of attorney.
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      • Profile picture of the author fredhopkins
        If you are in the US, go to United States Patent and Trademark Office. That's the site for the Patent and Trademark office. Go there first, do some searching around, get used to the language and learn some of there processes. Then go to an attorney.
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  • Profile picture of the author kindsvater
    Find a trademark and business attorney, preferably one who is local to you. They will be able to answer all of your questions.

    Such as:

    This is not a patent issue (n/a to a name, but may be pertinent to any technology you're using)
    This is not a copyright issue (although it will be for the website content once you're live).
    You need to be live.
    You never have to incorporate - but there may be tax, liability, and other issues which make incorporation desirable.
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