rockylinx Posted November 19, 2007 Report Share Posted November 19, 2007 Hello all, In my quest to design my own bait im trying to overcome several hurdles that wont bite me in the butt in the future. All swim baits looks some what alike. I make my swim bait with a square tail because I like the design. I was on big hammer's website and found this statement Big Hammer Quote Link to comment Share on other sites More sharing options...
SwampBaits Posted November 19, 2007 Report Share Posted November 19, 2007 I was kinda browsing around and found some info on the 'Big Hammer' trademark: http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=kdlao7.1.1 Open that link then type with this exact phrase: "Big Hammer" with the quotes. Doesn't look like a tackle company owns it. But I don't know if I even searched the right way..lol I'd say go ahead and make whatever you like. It's not like you are taking a Big Hammer bait and making a mold from it. Quote Link to comment Share on other sites More sharing options...
SwampBaits Posted November 19, 2007 Report Share Posted November 19, 2007 It appears that none of those trademarks are actually registered. Except the 'Big Hammer' trademark, which isn't even theirs. Also, trade marking a square and rectangle shape seems a little iffy to begin with. I say go ahead.....but don't take legal advice from a bait maker...lol Quote Link to comment Share on other sites More sharing options...
tubinator Posted November 19, 2007 Report Share Posted November 19, 2007 Things like crosses, stars, hearts, circles,squares, etc.. cannot be copyrighted or trademarked. If something unique is added to these symbols or shapes, then they can be. Just don't use the same names or terms to describe your bait and you should be good to go. Quote Link to comment Share on other sites More sharing options...
SmokeyJ Posted November 19, 2007 Report Share Posted November 19, 2007 What they would need to prevent you from producing and selling a square-tail swimbait would be a patent on the square-tail design. That is why you see so much copying of baits among different manufacturer's because you need a patent to prevent someone from stealing the design, and getting and defending patents is expensive and a PIA. The trademark thing has to do with advertising, etc. Lets say, for arguments sake, Sunrize tackle had a registered trademark of "The one with the square tail." or something along those lines. All the trademark would prevent you from doing is marketing your swimbaits with the phrase "The one with the square tail" or a close variation of that phrase, NOT manufacturing a square-tail swimbait. Like I said, they need a patent for that. So, long story short, without a patent they can't go after you for a square tail design, so check on the patent. Quote Link to comment Share on other sites More sharing options...
GB GONE Posted November 19, 2007 Report Share Posted November 19, 2007 SmokeyJ is right on!! I would get a name for my bait and trademark the name. Anoth thing that some companies do to stop you from using a bait similar to theirs is copyright the rigging instructions. They decide the patent route is to expensive and defending it is even more, so they write detailed instructions on rigging the bait and then get the instruction copyrighted. Long story short...go for it!!!! Jim Quote Link to comment Share on other sites More sharing options...
rockylinx Posted November 20, 2007 Author Report Share Posted November 20, 2007 Thanks guys, Thats what i was looking for. pete Quote Link to comment Share on other sites More sharing options...
james bradshaw Posted November 20, 2007 Report Share Posted November 20, 2007 A trade mark would need to be registered with the United States patent office to have legal protection. Wich requires the owner of that trade mark to use the "R" symbol next to the said registered trade mark where it is used or printed, wich showes that it is a registered Trade Mark. A "TM" only states that it is a trade mark, but not a registered trade mark. I just went through the registration process of registering the name Maniac for the use in the tackle industry. James Quote Link to comment Share on other sites More sharing options...
