Discussion:
What is the name of your state? WA.
I bought a plastic fastener organizer container at a local hardware store. It has a trademark on it. I doesn't have a patent # anywhere on it. I would like to manufacture containers exactly like the one I bought, configuration wise, maybe I will make them out of sheet metal to be more rugged. Question: how do I find out if this container is patented? If I ask the manufacturer or the owner of the trademark are they obligated to inform me of the patent # if it is patented? Is there a requirement to include a patent on your product if it is patented?
Answer:
"Question: how do I find out if this container is patented?"
You asked this question before. Check the USPTO website, or hire an agent, attorney or search firm to do the search for you.
"If I ask the manufacturer or the owner of the trademark are they obligated to inform me of the patent # if it is patented?"
No. They only need to inform you of the patent or patent number if they are putting you "on notice" that they believe you are infringing your patent.
"Is there a requirement to include a patent on your product if it is patented?"
No, but if they do have apatent number on a product, then you are "noticed" as soon as you see the product. This only affects damages in an infringement case.
You've already asked these questions before -- you can ask, but if they don't answer, you'll need to do a search yourself, or risk spending money manufacturing and selling a product that is covered by a patent. Only you can decide if it is a risk worth taking.
Further, they have a trademark -- have you looked on the USPTO website to find out the coverage of their trademark protection?
Answer:
"Further, they have a trademark -- have you looked on the USPTO website to find out the coverage of their trademark protection?"
No, but I will. Does that question mean that a trademark can cover a product just like a patent?
Answer:
"Does that question mean that a trademark can cover a product just like a patent?"
No, trademark coverage and patent protections are quite different. However, since you KNOW they have a trademark on the product, it would probably be a good idea to figure out what it does cover, so that you can avoid any possibility of trademark infringement.
You'll still have to figure out if they (or someone else) holds a patent on the product to avoid patent infringement, but, since you know about the trademark, you might as well try and avoid infringing that as well...