Design patents give the inventor certain rights on the appearance of his invention. It is unique as it is granted only when something new is created. Moreover, it protects only the exterior form of the creation. Therefore, a design patent concerns only the aesthetics and not the materials used or its function. The period of protection is normally for 14 years.
Acquiring a Patent
To acquire a design patent, you have to go through the Patent Office in the U.S. It is typically done through an attorney and has to fulfill a set of stringent laws before it is considered. The U.S office deals with a lot of applications for design patents and it is better going through the office. However, the service of an attorney is recommended so that all the requisite documents are submitted. In fact, the office will likely review your application if it is filed through a lawyer. This is because the office is sure that a lawyer would cover patent infringement problems. It is seen that there has been a flood of patent applications for computer programming and internet improvements. Since, there are too many identical ideas before the review committee, a competent lawyer is necessary to avoid issues. Once you receive a pending number for the patent, you can begin marketing your invention and receive rewards.
It is important to know how to apply for trademark and the procedure involved in it. There are basically three stages in the application process. In the first stage, applicants have 4 choices; the trademark Lanham Act, allows applicants to apply if they have used their logo in the U.S commerce. The next option in the Act allows application if they can confirm the use of the symbol in the U.S within a year of publication. The third option allows alien applicants with a foreign registration to register the same in the United States. Lastly, it permits foreign aspirants to block the priority date as per their foreign application. In the 2nd stage, an Examiner will be appointed to assess the proposed mark. Office actions will be issued and the Examiner will correspond with the applicant regarding application defects if any. In the last stage, the trademark is ready for publication in the Federal Register.
Benefits of Trademark Registration
A trademark is a significant asset of an organization. Hence, it is vital to apply for a trademark as it ensures brand name usage only by the owner. However, infringement issues are a constant problem. That is why; it’s all the more important to register it. This protects your logo or brand from illegal use. In case of possible infringement, the owner can file a case against the organization or individual and seek damages. Additionally, after 5 years, your ownership rights are indisputable. Experienced attorneys provide comprehensive protection services in this field for a reasonable fee.