PATENTS, DESIGN AND TRADEMARKS

Patents and trademarks are entirely separate types of IP. The claims of a utility patent define and protect the structural features of a device, system, or method. A design patent protects the aesthetic appearance of a device. A TM protects the marketing of goods - for example, McDonald's may have patents, for example, on their packaging, cooking appliances, whatever, however, the golden arches is their TM known the world over - so you can appreciate the fact that the TM really has nothing to do with their patents and vice versa. And patents and TMs can be live and viable concurrently except that a patent has a limited life, currently 20 years from the date of filing of the patent application, while TMs can be renewed by filing required documents at predetermined times. Once a patent expires and falls into public domain, anyone can manufacture the patented product, system, or method, however, if you are marketing your devices or systems under a TM, the TM remains viable and no one can market the devices using your TM - if they do, they infringe your TM rights. Both TMs and patents are territorial - meaning, they are only protected in the country in which they are patented or registered, so if you only have a patent or a TM here in the US, you cannot prevent someone from making, using, or selling the patented product, system, or method in another country if you do not have a patent in that country. TMs are the same - if you have a US TM registration, you cannot prevent someone else from using that TM in another country - obviously, in the case of McDonald's, they probably have TM protection in all countries in which they have retail outlets.