To Patent or to Trademark?

Watching mybusiness on TV this morning they were discussing trademarks and Patents. A lady had designed sleeping bag kind of things for kids to take to childcare called kindyswags which she had trademarked.
I hadn't really though about trademarks as much as i had often thought of patenting. You know all those big ideas you get that are a one off!

According to ipaustralia

"A patent is a right granted for any device, substance, method or process which is new, inventive and useful.
A patent is legally enforceable and gives the owner the exclusive right to commercially exploit the invention for the life of the patent. This is not automatic-you must apply for a patent to obtain exclusive rights to exploit your invention."

I can't wait to think up something that is worth commercially exploiting...


"A trade mark is not registrable if it is not capable of distinguishing your goods or services from the same or similar goods or services of other traders in the marketplace."

Apparently a trademark can be words or a colour, an object,shape or scent.

When I have a new idea I always think that the minute I tell someone that they are going to run off with it. Like the people in govt depts that say yay or nay about your idea to be patented could say nup and then run off and do it themselves because it is such a great idea.

Maybe I should just concentrate on staying with one idea and then running with it myself.

I also wanted to have a bitch about the Ralphs Bay Development Proposal by Walker Corporation. But it upsets me soo much I think I will dedicate a whole blog session to it tomorrow.
Catch ya