An Inventor Adviser Agreement is an advisor contract where the advisor or business consultant agrees to serve as the Inventor’s advisor to provide strategic advice on the Inventor’s products or services, their development, general business, marketing, and/or sales business consulting and more specifically guidance on specific business, product development, formulation, compliance, marketing, sales, product strategy issues, financing, and lending his or her name to the business development or recruiting efforts.

You have an idea or an invention. Now it’s time to discuss your invention with a third party (not a longtime friend or family member). How do you protect yourself when disclosing your invention and confidential information to others and under what conditions? Do you file a patent application first? Should you disclose your invention to a third party before filing your patent? What are your options and what are the risks?

How to disclose your invention to others correctly. You have an idea or an invention. Now it’s time to discuss your invention with a third party (not a longtime friend or family member). How do you protect yourself when disclosing your invention and confidential information to others and under what conditions? Do you file a patent application first? Should you disclose your invention to a third party before filing your patent? What are your options and what are the risks?

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and/or services. TMEP §1209.01(b). The mark need not describe all the goods and services identified, as long as it merely describes one of them. Similarly, a mark is considered merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of an applicant’s goods or services.

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Online Marketing: Search engines, such as Google, use descriptive words to index products and services. You may want to purchase a domain name with your descriptive words since searchers are likely unaware of your new mark. See Google’s Adword Keyword Tool to search how many hits a particular descriptive phrase specific to your product or service receives per month. Search Go Daddy to see if such phrases are available for purchase. Consider purchasing 1-3 descriptive domains.

State trademarks are typically filed with the state’s Secretary of State Office and provide for trademark protection within the state. Common Law trademark rights are obtained through use of the mark and are not governed by federal or state statute based on filing a trademark application, instead common law trademark rights developed under court created rights governed by state law.

A trademark is a brand name for a product or service. A trademark or service mark as defined by the USPTO includes any “word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the products/services of one seller or provider from those of others, and to indicate the source of the products/services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or
in connection with the products/services listed in the registration.”