When an inventor or innovator develops a new method or system, the instinct might be to protect it — and for good reason! This method could be the result of months or even years of research and development, and the creator might want to ensure its unique identity. One of the most popular ways to protect a brand or product identity is through a trademark. However, there's a catch: You can't trademark a method. But why?

Trademarks: A Brief Overview

Trademarks are all about distinguishing the source of goods or services in the marketplace. Think of brands like Coca-Cola, Nike, or Apple. Their names and logos are instantly recognizable, and when consumers see them, they know precisely where the product originates. In essence, trademarks exist to protect consumers from confusion and to allow businesses to build a brand identity.

Trademarks, however, don't cover everything. They cover goods (like shoes or computers) and services (like a laundry service or restaurant). They *do not* cover methods or ways of doing things. These are more the domain of patents.

The Method Dilemma: The SMBPS Example

Let's consider the hypothetical case of a business professor who comes up with a groundbreaking method of measuring customer satisfaction for small businesses. He calls this method SMBPS. Through diligent research and hard work, he introduces SMBPS in academic articles, gives talks at conferences, and essentially positions it as the next big thing in customer satisfaction measurement.

The challenge? While the name SMBPS is unique and identifies the method, it is, at its core, just a method. And methods, as we've discussed, cannot be trademarked.

A Creative Solution: Transform the Method into a Service

The limitation of trademarks doesn't mean the end of the road for our professor. By partnering with a software developer, the professor can harness the power of SMBPS and offer it as an online service. Imagine a platform where businesses can sign up, send out SMBPS surveys to their customers, gather data, and analyze results — all automated and streamlined.

With this transformation, SMBPS is no longer merely a method; it becomes a service offered in commerce. As a service, SMBPS could be eligible for trademark registration, allowing the professor to secure the name's exclusive rights in the context of the service offered.

The Takeaway

For innovators and creators, it's essential to understand the boundaries of intellectual property. While you can't trademark a method, understanding how to adapt and think creatively can lead to effective solutions.

If you've developed a unique method, consider how you might be able to transform it into a product or service. Not only could this make it eligible for trademark protection, but it could also open up new business opportunities and revenue streams. As always, consulting with legal professionals when navigating intellectual property is highly recommended.