Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[gregdutchmol]

I have an idea for a new design. My question is how far do I need to go to make it an actual original design.

Basically, my idea has to do with rubber wrist bands with a specific design on them. Is it patentable?

Rubber wrist bands are an article of clothing, so is throwing a design on it patentable?

Will I need to obtain a design patent as well as a trademark?

My ultimate goal is to get the patent and then either sell or license the patent to other companies. If I were to do that, would getting a trademark be pointles? I would assume that company would want their own trademark. You can probably see that I am a novice in this field.

Thank you for any help.

[gregdutchmol]

I did a bit of research.

Design patents are changing the design of a current patent...the actual physical shape of the item.

With rubber band wristbands, I will not be changing the shape of them or the design in how they are made...I will be changing what is drawn/written on them. (The art on them)

So since this has to do with the artwork on the wrist band...would I need to get it copyrighted...WHY IS THIS SO CONFUSING

[JimIvey]

Before tossing the "confusing" moniker at intellectual property, check out real property -- go to the county registrar and check out the deed on the property in which you live.  Find the meets and bounds of your property and try to draw a chalk line at the property boundary (without the aid of a surveyor).  All property is complex, not just intellectual property.

Just a quick outline on IP:

Utility patent: if you can contribute something non-trivial to the whole of publicly available technical knowledge, you can prevent others from exploiting your contribution for a limited period of time.

Design patent: if you come up with a new design (like an industrial design -- think of the look of Apple products, for example, or athletic shoe soles and uppers), you can prevent others from copying your design for a limited period of time.

Skipping plant patents....

Copyright: you can prevent others from copying your artistic creations.  Independent creation of the same artwork (and writings) is allowed.  Copying of the underlying ideas used in artwork (writing) is also allowed.

Trademarks:  if you use a phrase or design by which consumers can refer to your goods or services in the marketplace, you can prevent others from using confusingly similar phrases or designs on competing products.  Consider a line of dolls called "Diznee Princesses".

Trade Secrets:  any secrets with business value.

That's about it, though there's the catch-all category of "unfair competition".

Regards.

[khazzah]

I did a bit of research.

Design patents are changing the design of a current patent...the actual physical shape of the item.

With rubber band wristbands, I will not be changing the shape of them or the design in how they are made...I will be changing what is drawn/written on them. (The art on them)

So since this has to do with the artwork on the wrist band...would I need to get it copyrighted...WHY IS THIS SO CONFUSING

I agree with your conclusion that a design patent is not appropriate for your wristband. If the words/drawings on the wristband are an *original work* that you *created*, then copyright may be appropriate. If the words/drawings on the wristband serve to identify your company as the source of the wristband, then trademark may be appropriate.

[gregdutchmol]

Let's use this as an example...

I want to create and sell a wrist band that says "XXXXX" So I would get a copyright for "XXXXX"...now i have another wrist band that I want to sell that says "YYYYY". However, the "XXXXX" and the "YYYYY" wrist bands are related...would i have to get a copyright for every single unique wrist band...or if they are related, will one copyright work for me? To me it seems since the idea of them is the same it should only require one copyright...idea is the same but the words are different.


It sounds confusing, I just can't reveal my secrets :X

[JimIvey]

This topic has been split.  Copyright issues split off here:

http://www.intelproplaw.com/ip_forum/index.php/topic,20636.0.html

Regards.