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Intellectual Property Law

Can I patent a particular print design on the inside of a cup

Customer Question
or tumbler if it serves...
Can I patent a particular print design on the inside of a cup or tumbler if it serves a particular purpose? Or should I trademark it or is there any way to protect such a design.
Submitted: 7 years ago.Category: Intellectual Property Law
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Answered in 4 minutes by:
2/4/2010
IP Lawyer: Roger, Lawyer replied 7 years ago
Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31,797
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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A design can be protected by a copyright. You can apply for a copyright with the US Copyright Office (http://www.copyright.gov/).

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Customer reply replied 7 years ago
Hi Adam,
Can you please clarify the following:
1) What about if it is just coloring different portions of the cups' inside with different colors producing different levels. Is that copyright able?

2) Can we copyright the design for all colors and dimensions or only specific colors and dimensions? So no one can produce the same or similar coloring of the cup inside.

3) If the design has a purpose then can it become patentable?
Thanks
IP Lawyer: Roger, Lawyer replied 7 years ago
1) Yes, if it is an original work, it can be copyrighted.
2) Yes, but you can't prevent someone from creating a similar product. As long as it is not identical, you can't stop someone else from making a something similar.

3) A patent usually refers to a right granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Thus, a patent is probably not what you need.
Roger
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