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What is a Design Patent?

By <a href="http://www.knullpc.com/attorneys/Charles Knull The main category of patents is Utility Patents which protect a new and useful invention. Light bulbs, car engines, and smart phone electronics are things with specific functions that work better than whatever they are replacing. These are protected by Utility Patents There is another domain of patent law…design. Design Patents are a relative backwater of patent law. But they are also a unique opportunity to get “Patented” status for a lot less money than a Utility Patent. What is a Design Patent? It is a patent that is granted on a unique ornamental design for a product or package. In many ways, it is hybrid form of Intellectual Property with aspects of patent, copyright, and even a touch of trademark (due to its interaction with trade dress). They are applied for and examined like patents. And, the result is a real patent with an issue [...]

By | 2017-10-06T16:58:25+00:00 September 29th, 2016|Categories: |Tags: , , , , |Comments Off on What is a Design Patent?

Should I Register a Bunch of Trademarks for My Products or Adopt a House Mark?

By Chuck Knull A “House Mark” is a trademark that is used to identify the source of a line of products rather than a single product. A company can have trademarks on each of its products and also have a trademark that appears on all its products. The latter is the House Mark. Trademarks began as signs on stores and identifying marks on products. One went to the Red Lion Tavern because one knew about and relied on its quality of bangers and mash and the strength of the tavern’s ales. If another Red Lion Tavern appeared in the village, the first tavern could sue to have the second tavern change its name. As consumer products came about, purchasers of cough syrup, for example, would look for product names they recognized and trusted. The names and labels on these products became trademarks. If someone else came along and tried to [...]

By | 2018-01-18T09:49:34+00:00 November 13th, 2013|Categories: |Tags: , , , |Comments Off on Should I Register a Bunch of Trademarks for My Products or Adopt a House Mark?