Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Thank you for your question. Please permit me to assist you with your concerns.My apologies but a trademark does not protect copying, only a patent does so. A trademark protects the trade symbol or log that is placed on the product from being copied by someone else. For example if you created a new vehicle with a new engine and you create a trademark in the shape of a bird for the engine, if someone copies the engine, then that is governed under patent law. The bird logo, if copied, is governed under trademark protection.Good luck.
Thank you for your follow-up, Antonio. To make sure I do not miss anything, I will go line by line with my response.Once my product is out can some one else manufacture it and distribut it?If you obtain a full design patent, no--you obtain 14 years of an exclusive right or ability to make the items. While someone else can reverse engineer it to figure it out, they cannot produce an exact clone as it would a patent violation. A provisional patent only gives you 1 year protection and gives you time to file for a full patent.Also, my product will be manufactured in china. How do I protect my self in that country and can they patent my invention there and claim it as theirs? You would need to patent there as well, or have the factory who will create your patent sign a confidentiality agreement with you under which they agree to NOT disclose the designs to third parties to be liable for suit.Good luck.
Antonio,Currently while the provisional patent is in place, you have 12 months of sole rights. Nobody else can produce the same item. Once the provisional patent runs out and you don't file for full rights, then it is open season on your design, and other entities may choose to copy the item for themselves.Good luck.
Antonio,A US patent only protects you in the US, nowhere else. If you also wish to conduct business in Canada, you likewise have to record your patent locally in Canada as well.Good luck.
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