質問
I should explain that the product itself is not an original creation, just the design/style as well as the style name (think Nissan ROGUE). The general product itself however is sold by many home/garden retailers (think of a cupola on the top of a house as an example). Given that design patents are not cheap, and I am currently actively selling my unique styles, what are the easiest ways to protect from copycat manufacturers making the same design, as well as protecting the individual unique names of the product styles as well?
回答: 2 公開 & 0 非公開
Design patents are in fact relatively cheap - particularly when compared to non-provisional utility patents. The preparation costs, the filing fee, and the issue fee are all substantially less. As for your names, you need TM protection - view all of this from the perspective of an investment in your company or business.
Hi, you can evaluate either to do design registration on a cost and benefit base. Doing design patent registration and bringing to a lawsuit causes a cost. when we take those as negative and profitable effect of the new designs' gains as positive, if the positive difference is meaningful, then it is satisfactive to do those registrations. I don't know the quantity of your designs but i can suggest a way which is cheaper at start but may be more in total. You can do multiple design filings in another country like European. Hague System may be helpful. It is going to give you a priority date before filing in USA. You have to work hard after filing of this application to estimate the reaction of the buyers to your new designs. when you know which designs are appropriate for the market (sure it must be before the end of priority date), then, you can do design patent filings using your priority claim. Your time for this is going to be 6 months.
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