
The most powerful strategy for protecting the design of a physical product is the dual protection of a design patent and trade dress.
1. Start with the patent: File the design patent application early for a 15-year period of exclusivity.
2. Build the trade dress: Once your product has been around long enough for the public to recognize the design as an indicator of your brand, you have the acquired distinctiveness from secondary meaning needed for trade dress protection.
The Result: When the patent expires, your now-famous look is protected by your perpetually renewable trade dress trademark registration. It's a seamlessly handed-off protection that ensures your unique product can be protected as long as it’s around.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!
Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
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