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, 15 for Design).

• 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!

Don't let your creative work or business become a ghost story. 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, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

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