Let us explain a little about when an industrial design can be also protected by or as a trademark. In other words, is it possible to have a dual design and trademark protection? You will recall that a trademark is a distinctive sign that serves to differentiate the
In some countries a design may be protected simultaneously by copyright law and by industrial design law. What does that mean? It is a very important and difficult question, which has to be answered frequently in the outsourcing of production to other countries and also in the context of exports.
Written by Todd Baker
This article was originally published on UpCounsel.
Intellectual property (IP) is a general term for the rights recognized by U.S. law for creations of the mind, including:
Sometimes, it is difficult to separate the elements of functionality from those of the form of a product. Take the example of the shape of a vehicle, or the keyboard of a computer or laptop. How do you protect such composite designs, which are partly functional and partly aesthetic?
The procedure for registering industrial designs is similar to that for trademarks, but normally, the time taken for registering a design is shorter than for registration of a trademark. In most countries, design registration process is completed in three to nine months, whereas a trademark registration process may take any thing from twelve months to a few years if the registration is opposed.
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