You cannot trademark an idea as it is not considered intellectual property. Trademarks protect real things that identify a company’s product or service. Copyrights protect art, patents protect inventions, and trademarks protect identifiers. Trademarks require a drawing and sample, which cannot be provided for an idea. Trademarking an idea would eliminate competition and is not possible.
The simplest explanation for how to brand an idea is that you can’t. Trademarks provide protection for names, logos, and other types of identifiers that indicate which company made a product or provided a service to customers and customers. This type of protection extends to the real things that can be seen or read, which are used to identify one business from another and avoid confusion among customers, while providing intellectual property protection. Since an idea is not generally considered a true form of intellectual property, it is not possible to register an idea.
Even if you can’t register an idea, there are three main ways you can protect a given form of intellectual property. All of these methods protect something that is real or at least visible, something that has gone from being an idea to being a reality. Copyrights protect works of art and artistic creations, including everything from drawings and poems to musical pieces and architectural plans. Patents are used to protect inventions and machines, those that establish new ways of doing things or new versions of an established concept. A trademark is established to protect intellectual property that serves to identify a product or service provided by a company, and an idea cannot be registered because it does not serve as such an identifier.
The intellectual property protection extended through these types of trademarks only protects an actual product or a manufactured creation. You cannot register an idea simply because as a concept, ideas do not constitute real property. It would be similar to someone attempting to declare ownership of a hypothetical landmass that could arise at some future date due to volcanic activity beneath the Earth’s oceans. You can’t register an idea because you can’t brand the potential or concept of something, just a real thing that serves to identify your business or services.
When you register a trade mark, you must also provide a drawing of your trade mark and usually you will need to provide a sample of the trade mark in use. Since an idea exists in an ephemeral way, it is not possible to provide a drawing of an idea and therefore it is not possible to record it. Being able to trademark an idea would also create great potential for abuse, as different companies and individuals could lay claim to entire concepts, thus eliminating any risk of competition as the very idea of a particular product or service would be protected by the trademark.
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