The original Ouija board patent expired in 1908, and the claims to the invention, a letter board, a planchette, and the way they worked together, went into the public domain. These days, utility patents for how something works last for 20 years. Design patents for how something looks last 15 years. Once patent rights expire, there is no resurrecting them from the dead. At that time, your success depends on competing with imitators on quality, price, service, and name recognition.
The moment that patent expired, competitors could make their own identical or similar talking boards. However, only the company that protected the name as a trademark could claim ownership of the valuable brand. Unlike patents, trademark registrations can be renewed indefinitely and even, in a way, resurrected after accidental death. That’s why there are many talking boards for sale, but only one named Ouija.
- Patent: A temporary monopoly on the invention (20 years for Utility).
- Trademark: Perpetual protection on the brand name/logo as long as you use it (like the name OUIJA).
You need both patents and trademarks to protect your invention and your brand for the long haul!
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don’t have to face the darkness alone, though.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I’m an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.
If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other posts and pages on my website for more information on intellectual property and business law issues. I’m also on most major podcast platforms as “Know Your Rights: Your Intellectual Property and Business Law Playbook” (video on YouTube, Spotify, and Substack only) and on most social media as @kingpatentlaw.
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