Phenacetin [acetophenetidin] was patented by Bayer in 1889 [US 400,086] - the only country to award this chemical a patent; the name was a trade name in most countries, and its use as a generic term by anyone anywhere resulted in a law suit from Bayer. My question is: in the US, did the patent by itself confer ownership of the name to Bayer, or did Bayer register the name, too? I can find no record of registration. The patent was not forever, so I would think Bayer would have protected the name from the start.
1 Answer
The name of a product is protected by trademark. Patents have no bearing on trademarks.
