How Are Trademarks Different from Industrial Designs a.k.a. Design Patents?

Summary

The video discusses a fashion entrepreneur, Marilyn, who invents a unique shoe design with a rubber lizard insole that enhances comfort and prevents sweating. She seeks advice on protecting her invention and learns about the differences between trademarks and industrial designs. The lawyer explains that while industrial designs protect the look of a product, trademarks can offer indefinite protection if the design distinguishes the product from competitors. Marilyn decides to protect her lizard design both as an industrial design and a trademark, ensuring long-term security for her brand.

Takeaways

• 👠 Marilyn designed a revolutionary shoe that enhances comfort using a rubber lizard insole.
• 🦎 The rubber lizard insole prevents feet from sweating, making the shoes more comfortable.
• 💼 Marilyn's business coach suggested protecting the design through industrial design or trademark law.
• 📝 Industrial designs protect the appearance (the 'wow factor') of a product, not its functionality.
• 🇺🇸 Industrial designs are called 'design patents' in the U.S., and they are limited to 14 years of protection.
• 🏷️ Trademarks, unlike industrial designs, can be protected indefinitely if used as a brand identifier.
• 🖼️ Marilyn could protect her lizard insole design as both an industrial design and a trademark.
• 🍾 Successful designs can also be registered as shape trademarks, similar to the Coca-Cola bottle.
• 📜 It's recommended to register both an image trademark (for logos) and a shape trademark once the product gains popularity.
• 🙌 The process of protecting designs and trademarks can be complex, but legal help is available to simplify it.

Q & A

What is the innovative feature of Marilyn's shoe design?

Marilyn's shoe design features a rubber lizard placed along the insole, which makes the shoes extremely comfortable and prevents feet from sweating, no matter how hot it is.

Why does Marilyn consider contacting a lawyer?

Marilyn is advised to contact a lawyer to understand how to protect her shoe design through trademarks and industrial designs, similar to how Apple protected the rounded corners of the iPhone.

What is the difference between industrial design and trademark as explained in the script?

Industrial design protects the visual appearance or 'wow factor' of an invention, not its functionality, while a trademark is an identifier that distinguishes a product or service from others in the market.

Why can't Marilyn protect the functionality of her rubber lizard insert with an industrial design?

Marilyn cannot protect the functionality of the rubber lizard insert with an industrial design because industrial designs only protect the appearance, not the functional aspects such as comfort or sweat prevention.

How long does industrial design protection typically last?

Industrial design protection lasts for 10 years in Canada and 14 years in the United States.

What is the advantage of trademark protection over industrial design protection?

Trademark protection can last indefinitely, as opposed to the limited duration of industrial design protection, allowing for持久的 brand recognition and protection.

Can an industrial design also function as a trademark?

Yes, an industrial design can overlap with a trademark if the design allows consumers to distinguish the product from others, such as a unique shape that serves as an identifier.

How can Marilyn protect her rubber lizard design as a trademark?

Marilyn can protect her rubber lizard design as both a simple flat image trademark and as a shape trademark, also known as a distinguishing guise, which protects the shape of the product itself.

What is the condition for Marilyn's lizard design to be protected as a trademark?

Marilyn's lizard design can be protected as a trademark if it is used as an identifier and if she plans to offer the inserts only in the lizard shape, as this would allow customers to distinguish her product from others.

Why might Marilyn consider registering her design in multiple ways?

Registering the design in multiple ways, such as an industrial design, a distinguishing guise, and a regular trademark, provides comprehensive protection for her innovative shoe design and brand.

What assistance is available to Marilyn for the registration process?

Marilyn is not required to handle the registration process alone, as there are professionals available to help her protect her ideas and cover her assets.