Use of trademarked/registered symbols or icons in a patent application's drawings

[crmcneill]

Referring specifically to a patent application which deals with digital device interfaces that may involve linkages to existing well-known applications: Should the use of those icons and/or product names (example: Facebook, Twitter, LinkedIn, etc.) be avoided? Or maybe no problem if credited appropriately? (example: "**Symbol/Icon ©Facebook Inc.") Or maybe there is no issue and no credit is needed, as long as the use of those images or names are clearly not part of the Claims or design?

 

[quincy]

Referring specifically to a patent application which deals with digital device interfaces that may involve linkages to existing well-known applications: Should the use of those icons and/or product names (example: Facebook, Twitter, LinkedIn, etc.) be avoided? Or maybe no problem if credited appropriately? (example: "**Symbol/Icon ©Facebook Inc.") Or maybe there is no issue and no credit is needed, as long as the use of those images or names are clearly not part of the Claims or design?

What is the name of your state, crmcneill, or, if not in the US, what is the name of your country?

Trademarks can be used to describe a specific business or its goods/services. It is generally smart to avoid using (and usually there is no need to use) a company's logo.

If the rights-protected company, goods and/or service is not part of your claim/design, however, there is probably no need to include them in your patent application.

Whether you need to use any entity's trademark at all should be discussed with your patent attorney when you fill out your application.

 

[FlyingRon]

I suspect you need a lawyer. You apparently understand neither trademark/copyright law nor I suspect how to prepare a patent application.

 

[quincy]

I suspect you need a lawyer. You apparently understand neither trademark/copyright law nor I suspect how to prepare a patent application.

I suspect the same. crmcneill appears to need the assistance of a patent attorney or a patent agent in filling out his application, as do most who are looking to patent their invention.

I see where there can be a need, when disclosing the best means or mode of practicing the invention, to show how it works with an existing product or products. But more information is needed and this information is best provided to the professional who helps with filling out the application.

Although crmcneill is aware of this resource, here is a link to the USPTO where he perhaps can find some direction:

http://www.uspto.gov