質問
We develop and produce low-turbulence microdrones. In terms of design, we would like to protect what makes our products stand out from among the other products on the more and more crowded drone market. I know that there is something like a 3D trademark or a "design patent", but I am not sure what the difference is. Is there a way to get the same protection that other uniquely designed products have, for instance, an iPhone? How much would it cost and what would be the first thing to do?
回答: 2 public & 1 非公開
You are correct, you can obtain protection for your drone design via a "shape" trademark or a design registration/patent. Speaking from an Australian perspective (which would also generally apply to most jurisdictions), it is much easier securing protection for your drone design via a design registration/patent compared to a shape trademark. The tests that need to be satisfied in order for a shape trademark to be granted for your drone design is more stringent than for a design registration/patent. However, one advantage of obtaining a trademark registration over a design registration/patent is that trademark protection may continue indefinitely (subject to certain conditions) whereas a design registration/patent has a fixed term, for example, a maximum of 15 years in the US and a maximum of 10 years in Australia.
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