What Does This Mean??

Lounge By Cohaja12 Updated 25 Oct 2010 , 12:48am by 7yyrt

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Cohaja12 Posted 24 Oct 2010 , 10:22pm
post #1 of 3

Maybe a stupid question....but,

"As a buyer, you may not copy this product, packaging or use the name ######. We have a copyright, trademark & patent pending "

The way I read it was that you can't copy their product and then sell it?? Just wondering because who's to say this company came up with this concept first.

Basically, this product was similar to chocolate (on a stick) that you put in hot water or milk and it dissolves to make hot cocoa. Sort of like the chocolate covered spoons, but a souflee cup of chocolate instead.

Not that this really bothers me or whatnot...but it just kinda struck me as strange....

Or I'm just bored icon_rolleyes.gif

2 replies
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Rose_N_Crantz Posted 24 Oct 2010 , 10:52pm
post #2 of 3

I'm a little confused by the wording. Is the copyright, trademark AND patent pending? Or do they have the copyright, they have the trademark, but it's just the patent that's pending? Or is all of the above pending?

If all of the above is pending, then isn't it fair game still? I suppose you would still have to wait in line for your patent, and they might receive it first. Maybe their way of saying, "it's in the works, so don't even try it."

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7yyrt Posted 25 Oct 2010 , 12:48am
post #3 of 3

Definition: "Patent Pending"" is a phrase that is sometimes seen on manufactured items. Patent pending means that someone has filed for a patent on an invention and is waiting to see if the patent is granted.

Manufacturers use patent pending as a warning that a patent may be issued that would cover the item and that copiers should be careful because they might infringe if the patent issues. Once the patent issues, the patent owner will stop using the phrase patent pending and start using a phrase such as "covered by U.S. Patent Number XXXXXXX."

Applying the patent pending phrase to an item when no patent application has been made can result in a fine. You can only use the term patent pending if you have applied for a patent (provisional or non-provisional).You cannot use the term patent pending if it is not true.
Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending." These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent.

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