What is the name of your state (only U.S. law)? IL
I would like to know the protections afforded by a design trademark and at what point should something else be considered, such as a patent. Without going into my particular situation, let's just say that, hypothetically, I'm creating a new design for a beer bottle, a shape that is unique and nothing quite like it exists on the market. If I want to prevent competitors from creating and selling a bottle with the same shape, would a design trademark be sufficient to prevent this occurrence? I only care about the final shape of the bottle and not the manufacturing process by which the bottle is created. I'm unclear as to the protections afforded to a design trademark vs. a design patent and in what cases should each one be considered.
Thanks.
I would like to know the protections afforded by a design trademark and at what point should something else be considered, such as a patent. Without going into my particular situation, let's just say that, hypothetically, I'm creating a new design for a beer bottle, a shape that is unique and nothing quite like it exists on the market. If I want to prevent competitors from creating and selling a bottle with the same shape, would a design trademark be sufficient to prevent this occurrence? I only care about the final shape of the bottle and not the manufacturing process by which the bottle is created. I'm unclear as to the protections afforded to a design trademark vs. a design patent and in what cases should each one be considered.
Thanks.