I Invented a Patent Pending Product and Someone has Branded My Product Under their Name?
I have been selling a product that has been going through the Patent Pending process much longer than I Ever thought it would, but all is still moving forward and my patent lawyer assures me we are going to get the patent. However, after selling the product for several years, someone has branded my product under their name? I guess I am asking if there is anything I can do about it? I tried to brand it myself, but where it was a private product, I wasn’t able to do so. I just don’t even really know what this does to me now that I am selling a product that is under someone else’s brand name? Any help would be appreciated.
Thanks,
Billy
I Invented a Patent Pending Product and Someone has Branded My Product Under their Name?
I have been selling a product that has been going through the Patent Pending process much longer than I Ever thought it would, but all is still moving forward and my patent lawyer assures me we are going to get the patent. However, after selling the product for several years, someone has branded my product under their name? I guess I am asking if there is anything I can do about it? I tried to brand it myself, but where it was a private product, I wasn’t able to do so. I just don’t even really know what this does to me now that I am selling a product that is under someone else’s brand name? Any help would be appreciated.
Thanks,
Billy
4 Antworten
Seller_4RRTjOpWG0qkj
What does this mean?
It’s a race to the finish. If you didn’t have it branded, the protection was inexistent.
Why have a patent process and not a brand?
When doing the patent you must have done a demonstration of first use among other things.
I have some doubts about the competence of your lawyers
Seller_olet7eVOHxQZd
You may need a trademark lawyer. Not sure about the patent pending, but that lawyer should have guidance on someone else selling the product using your patent.
Seller_VYcXAQEWCJQof
You may have some limited options.
IF you mentioned the now-branded name on your website prior to the brand registration here on Amazon and used the TM symbol, that is common law trademark use.
If your use of the name preceded the use and registration here on Amazon, that should be enough to get the other one over turned. It really depends on how long you have been using the branded name, in the U.S. I think you only have a year to file for international trademark coverage after you file for your federal trade trademark registration.
While your invention is in ‘Patent-Pending’ status, you have basically NO protection from infringement. As soon as your actual patent number issues. then you may have some recourse if the other party is indeed infringing on any of your claims (if a utility patent). If it is just a design patent, it pretty much has to match, in order to infringe.
I understand why some choose not to file for federal trademark as soon as you file your patent application- patents generally take 4-5 years now to issue, unless you pay extra up front and what good is the trademark for a patent that may not ever issue?
You def need to let your patent lawyer know what’s going on as you can watch the other party and see if they are indeed infringing, once your patent number issues. This puts them on your radar early, and they may fold like a cheap tent once you slap them with a cease & desist notice. If your lawyer is smart, he’ll tell the infringing party that you’ll take ownership of the trademark (they supposedly filed & received) as well as a cash sum for willful infringement damages.
This is basically a high-stakes game of billiards…you just have to walk around the table a few times until you see your perfect shot line up. Good luck!
DISCLAIMER- I’m not an attorney, physic, guru or super hero. (I used to be, until my therapist took my powers away)
Seller_TvaTXH61RRGLO
Filing for a patent without a brand is possible but it does not make any sense. You need to prove them when you use it the first time and it should be no more than 1 year from when you are filing for a patent.
Anyways, you are not able to enforce anything until the patent is live.
