Forums: Discussions for entrepreneurs and small business.

Trademarks have one major advantage over patents – patents always expire and properly maintained trademarks never expire.  However, trademarks can only protect product configurations that are not functional, while patents can protect both functional and non- functional configurations.

In deciding whether a configuration is functional, the 6th Circuit looked at four factors in a recent case dealing with fish hooks:

• Is there a utility patent that discloses the utilitarian advantages of the design?

• Do advertising materials tout the design’s utilitarian advantages?

• Are other functionally equivalent designs available? and

• Does the design result in a simple or cheap method of manufacturing?

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Hello,

Just wanted to say thanks for the tips. It still all confusing to me. I always thought trademarks where names and symbols and Patients to be tangible items. Is that correct?

Thanks

Natalie

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Natalie

not always.  sometimes patents can be methods of doing things.  trademarks can also include things like colors [e.g. green ironing board covers].

 

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Wow I learn something new every Day. Did not know that. I do now

Thanks

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Natalie

that`s why people [at least some people] hire a lawyer and do not simply use a "document preparation service" for their businesses.  there are a lot of twists and turns.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com