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Intellectual Property Forum
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Design Patent or trademark?
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Topic: Design Patent or trademark? (Read 512 times)
Cocolroo
Junior Member
Posts: 28
Design Patent or trademark?
«
on:
08-31-10 at 07:34 am »
I have an idea for a theme for coffee cups that would have varoius sayings on them
but these different sayings or quotes would be within this theme.
For example the best comparison I can think of is somethin like bug mugs with different pictures of bugs on each mug or saying like "dont bug me" etc.
The shape of the coffee cups wouldnt change but the sayings or pictures would on each coffee cup.
Would this fall under the trademark category or design patent.
My hunch is it would be under trademark or copyright.
Would I have to change the shape of the mug itself to something unique for a design patent such as worm shaped handles
or can it be just pictures.
Thanks
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Yak
Senior Member
Posts: 484
Re: Design Patent or trademark?
«
Reply #1 on:
08-31-10 at 07:54 am »
If you come up with original 2-D artwork you want to be able to put on mugs (t-shirts, bumper stickers, etc.), that artwork could be registered and protectable under copyright. Copyright is typically the means of protecting original works, although you will have no rights to the short phrases such as "don't bug me" outside of the overall artwork.
Design patents protect novel and non-obvious ornamental characteristics of an article of manufacture. Typically just putting an image on an generic shape will not offer much, if any, design protection and would not necessarily protect the image as placed on other shaped mugs.
Trademark protects the word, logo, or combination which identifies the source of the goods. It does not protect an image or phrase that is simply used as ornamentation on an article.
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Not legal advice... Batteries are not included... Any resemblance to real persons, living or dead is purely coincidental... Eating raw or undercooked meat, poultry, eggs or seafood poses a health risk.
Cocolroo
Junior Member
Posts: 28
Re: Design Patent or trademark?
«
Reply #2 on:
09-01-10 at 06:43 am »
Thanks
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BobRoberts
Senior Member
Posts: 373
Re: Design Patent or trademark?
«
Reply #3 on:
09-02-10 at 03:16 pm »
"For example the best comparison I can think of is somethin like bug mugs with different pictures of bugs on each mug or saying like "dont bug me" etc."
If you have, say, a line of coffee mugs that you are marketing (in your example) as "Bug Mug" brand coffee mugs, I would think that TM protection would be available for that brand (provided you aren't stepping on someone else's mark).
Now if you had established "Bug Mugs" for coffee mugs with pictues of mugs, and "Hug Mugs" for coffee mugs with inspirational/lovey-type sayings, and "Slug Mugs" for coffee mugs with pictures of snails, etc... then you may be able to establish a "Family of Marks" For XXX MUGS (where XXX Rhymes with 'Mugs').
Good luck...
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