I think someone else trademarked my idea

[PlanitGirl]

What is the name of your state? IL Have been working on an idea that I could not find on the market. After months of working on this project, I happened upon a very similar type of product on the internet. I know ideas are all just out there for the taking and many people have the same idea. Should I be concerned? I feel the objective of our idea is different... But, it's oh so similar!

 

[The Occultist]

You can't trademark an idea. You can create a trademark, which is a mark by which you are identified commercially (typically the name of a business or a logo), you can copyright a work that has tangible form (a movie, a story, a song), or you can patent an invention/process.

Unless you give us more details of your situation, we cannot give you the advice you seek.

 

[PlanitGirl]

You can't trademark an idea. You can create a trademark, which is a mark by which you are identified commercially (typically the name of a business or a logo), you can copyright a work that has tangible form (a movie, a story, a song), or you can patent an invention/process.

Unless you give us more details of your situation, we cannot give you the advice you seek.

Right now we are in the process of forming a proto-type. I recently found online someone has a product that has similar elements, and is "essentially" the same thing... But, in some other ways not. They have a trademark. Is that just for their product? How would I know what they trademarked

It will be a tangible finished product.

 

[The Occultist]

As I stated, a trademark is used for identifying a business/person for use commercially. A trademark does NOT protect any sort of work/product.

Copyrights protect a work/product, and the copyright is in effect as soon as the work has a tangible form, and an official government registration is not required to protect the copyright.

 

[Low_Budget_Hook]

I'm pretty sure if you patent the intellectual properties, you could force them to cease and desist.

You can both have the exact same idea, which one paid to protect it is the key, and WHEN they applied for said protection.

But don't take this as the word of God, I have zero law experience but DID stay at a Holiday Inn last night...