by evansfox | Feb 25, 2013
After the recent wars between Apple and Samsung, the patent world has learned that design patents offer stronger protection than conventionally believed. This keeps them on the list of protection strategies to consider for new products. The allowance rate for design...
by evansfox | Feb 12, 2013
In other blog articles, we have considered the registration of nontraditional marks such as color for USPTO protection under the Lanham Act. Colors are an especially powerful mark for a company, but the burden to show the color mark should be protected (i.e. a federal...
by evansfox | Feb 8, 2013
Sales techniques or marketing themes are a newer category of trademark law’s trade dress laws. These have been recognized as protectable for a few decades and are an effective tool for businesses who have developed consumer recognition with certain elements or style...
by evansfox | Feb 7, 2013
Deciding Between Design Patent and Trade Dress Design patents have a 14 year lifespan under patent law. Trade dress is a form of trademark protection and can last as long as the owner continues to use the trade dress. Thus, trade dress protection can extend for...
by evansfox | Dec 14, 2012
In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design patent. In Part 2, we took a closer look at trade dress and how to obtain this type of intellectual property protection....
