U.S. Design Patent better than U.S. Trademark Registration for protecting new designs. By James Michael Faier, M.P.P., M.B.A., J.D. Registered Patent Attorney (USPTO 56,731)
Design patent for product design protect – better than trademark! For new products and new packages, I assert that design patent is a better approach than trademark. Several reasons. Design patent enforcement standard for infringement is whether and “ordinary person” where to think that the defendant’s design was infringing of the plaintiff’s design. In trademark the standard is whether the defendant’s product design is confusingly similar to plaintiff’s product design. Before you even get that point.