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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41221
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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Does a trademark protect my product in terms of copying it. I

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Does a trademark protect my product in terms of copying it.
I have modified the suspenders (filled a provisional app.) and also invented a new clip that is attached to the suspenders (also filed for a provisional app.)

Can anyone copy it and marke it.
Thank you.

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.

Customer: replied 4 years ago.
I have a provisional application filed.
And am going to start distribution of my product soon.
Once my product is out can some one else manufacture it and distribut it?

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?

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.

Customer: replied 4 years ago.
Thank you, but that's my question, I only have filed for a provisional.
Can some one manufactured and distribute the same product during the 12 month grace?

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.

Customer: replied 4 years ago.
I filed in USA. And am in Canada, am also distributing here in Canada.
Do I need to file for a provisional here too.
Thanks.

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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