EXAMPLES OF DESIGN PATENTS
| | | A copyright gives the creator of an original work of authorship the exclusive rights to reproduce the work and to be credited for creating it so long as it exists in a tangible medium, such as on paper, film, or disk. We can file a copyright registration for you with the U.S. Copyright Office.
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| TRADEMARKS | | Word mark | A word mark is type of trademark that protects a distinctiveness and novelty inherent in a word or phrase itself, such as Google™ or Microsoft™. A wordmark cannot be generic or non-distinctive, such as Mall or Sports. | | Design Mark | A design mark typically comprises a logo, symbol, design or image and is affixed to products. | | Composite Mark | A composite mark is a hybrid mark that combines elements of a wordmark and a design mark. | | Service Mark | A service mark is associated with a service and usually used in advertising rather than affixed to a product. | | Trade Dress | Trade dress is any inherently distinctive appearance of a product or its packaging, so long as it is nonfuctional. It does not need to be registered and may include smells or certain types of sound. |
| PATENTABILITY OPINIONS | | USPatentLaw can write patentability opinions on inventions you have developed or are developing. Please call for rates. | | For informational purposes, consult an attorney for legal purposes |
| LITIGATION | | USPatentLaw can may be able to help you with various forms of litigation, including Internet domain name disputes, patent infringement defense and prosecution, and various types of trademark litigation. Please see our litigation subpage for more information. | | For informational purposes, consult an attorney for legal purposes |
| DESIGN PATENTS IN GENERAL
| A design patent protects the visual ornamental characteristics embodied in, or applied to, an article of manufacture, including the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. It must be a definite pattern of surface ornamentation, applied to an article of manufacture. The United States Patent and Trademark Office (USPTO) examines applications and grants patents on design applications to any person who has invented any new, original and ornamental design for an article of manufacture. A design patent protects only the appearance of the article and not structural or utilitarian features. The principal statutes (United States Code) governing design patents are: 35 U.S.C. 171, 35 U.S.C. 172, 35 U.S.C. 173, 35 U.S.C. 102, 35 U.S.C. 103, 35 U.S.C. 112, and 35 U.S.C. 132.
| | As of January 2010, there are over 400,000 trademarks pending with the U.S. Patent and Trademark Office (USPTO): Click HERE for trademark statistics. | The number of patent and trademarks filings with the USPTO is steadily rising every year. Click HERE for patent statistics.
| | Registering a trademark may be the only way to seize a domain name someone else has registered that reflects your trademark. | The state of Utah is one of the only states in the union to offer state trademarks, which lets anyone, within Utah or without, to acquire a registered trademark within 24 to 48 hours that can be used to file state trademark infringement claims against other parties.
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