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[xanz2001]

I have checked many IP website, but still not for sure...

Is it legal to manufacture, say a blender, with the same design of a registered brand (reg. as trademark)??
I mean just manufacturing and selling in no brand but same design of the original one.


I found that if the design is registered, it is then illegal anyway. But some say if the design is not registered, it is alright to mft and sell it. Is it correct?

Thanks

[JSonnabend]

When you say the "design" is "registered", do you mean the product configuration is registerd with the Trademark Office as protectible trade dress?  Do you mean the design is subject to a design patent?  In either event, you'd have to proceed with caution in selling a similar design, although it's not as black and white as your advisors are indicating, in all likelihood.

Even if the design is not covered by either of the above, you still may need to proceed with caution, as some rights do not require a registration to be effective (e.g., common law trade dress rights and copyrights).

My advice would be to talk to an attorney directly and in detail about you situation.  No amount of free advice here (other than "speak to a lawyer") is going to give you the information you need to make a sound decision.

- Jeff