Legal Question in Business Law in New Jersey
I Want to start a restaurant with has very unique concept. Is it possible to patent a Name and concept together?
4 Answers from Attorneys
Yes. you will need some legal help, so let me know if you want me to assist you with this.
Robert Davies, Esq.
201 820 3460
No. Patents are protections granted to inventors that prevent others from making or selling an invention. While a "concept" is key to an invention, patents are not available for concepts. To protect a name, you need to look to trademark/trade name law. Patents are not available for names. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600. You may also wish to read this article I authored on business names: http://www.bgartenberg.com/CM/Articles/selecting-business-names.html
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
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With best wishes,
Barry F. Gartenberg, Esq.
One can't patent a name or a concept. However, it is possible to protect the intellectual property rights involved. I handle matters of this type, however the efficiencies in this matter may be influcenced by your lawyer's location. (You did not give enough information for me to tell if our central NJ office can help.) If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
Hi there,
You can't patent a business name or concept, but you can possible gain trademark, service mark or trade dress protection. It's a complicated and subjective question as to what potential rights you would have in your mark, and would require attorney review.
If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.
Regards,
Michael J. Duffy
Duffy Law, LLC
1-888-414-5773
www.mduffylaw.com
Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances.
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