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Discussion » Statements » Rosie's Corner » Can a name be patented? What if there are 100 folks with YOUR NAME? Why should any one of THEM be allowed to exploit it and not you?
RosieG

Can a name be patented? What if there are 100 folks with YOUR NAME? Why should any one of THEM be allowed to exploit it and not you?

What makes one JANE DOE any more powerful and worthy of using her own name than  every other JANE DOE? Do you know?

Posted - February 5, 2019
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Responses


  • 6023
    If it's an original name, you could patent it.
    But, even a patent doesn't protect product names, if they become too widely used.

    Example: Zipper was a patented name.  But it became widely used to refer to ALL such devices, and the name became public domain.
      February 5, 2019 3:21 PM MST
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  • 113301
    Or Kleenex? In Riverside where we lived before we moved to Hemet our local shopping center was called TOWN CENTER. In it was a shop called SEE'S COFFEE ROASTERS. It was where folks who wanted  a cuppa coffee,a sweet treat and converstion met. Small tables indoors and out. Or folks who wanted to read a paper and enjoy their cuppa Joe. The owner's last same was SEE. Well you know what happened next. SEE'S Candy told them to cease and desist using that name and I guess they had to do so. So the SEE'S disappeared and I think they named it AKA coffee roasters or something equally inane. She was enjoined from using her own name! What chocolate candy has to do with coffee I can't figger out. Thank you for your reply Walt and Happy Wednesday! :)
      February 6, 2019 1:37 AM MST
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  • 6023
    Yep ... Kleenex fiercely protects it's name.  Which is why though the general public may say "Kleenex" to refer to any similar product, other brands use the term "facial tissue".
      February 6, 2019 7:11 AM MST
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  • 7280
    Patent:  a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.

    People might want to patent a name for various reasons, especially if the name is that of a band, group, business or other name used for commercial purposes. However, ensuring that nobody else uses a name is not really referred to as patenting. Names are, in fact, trademarked rather than patented or copyrighted. Generally, patents refer to the protection of inventions and ideas, and copyrights refer to the protection of images and works of art.

    https://thelawdictionary.org/article/how-do-you-patent-a-name/
      February 8, 2019 1:02 AM MST
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