Comparison To Trademark and Trade Dress
Trademarks and trade dress are used to protect consumers from confusion as to the source of a manufactured object. To get trademark protection, the trademark owner must show that the mark is not likely to be confused with other trademarks for items in the same general class. The trademarks can last indefinitely as long as they are used in commerce.
Design patents are only granted if the design is novel and not obvious for all items, even those of different utility than the patented object. An actual shield of a given shape, for example, can be cited as prior art against a design patent on a computer icon with a shield shape. The validity of design patents is not affected by whether or not the design is commercialized.
Items can be covered by both trademarks and design patents. The contour bottle of Coca-Cola, for example, was covered by a now expired design patent, but is still however protected by at least a US registered trademark.
Read more about this topic: Design Patent
Famous quotes containing the words comparison, trade and/or dress:
“But the best read naturalist who lends an entire and devout attention to truth, will see that there remains much to learn of his relation to the world, and that it is not to be learned by any addition or subtraction or other comparison of known quantities, but is arrived at by untaught sallies of the spirit, by a continual self-recovery, and by entire humility.”
—Ralph Waldo Emerson (1803–1882)
“The girl must early be impressed with the idea that she is to be “a hand, not a mouth”; a worker, and not a drone, in the great hive of human activity. Like the boy, she must be taught to look forward to a life of self-dependence, and early prepare herself for some trade or profession.”
—Elizabeth Cady Stanton (1815–1902)
“The swimming hole is still in use. It has the same mudbank. It is still impossible to dress without carrying mud home in one’s inner garments. As an engineer I could devise improvements for that swimming hole. But I doubt if the decrease in mother’s grief at the homecoming of muddy boys would compensate the inherent joys of getting muddy.”
—Herbert Hoover (1874–1964)