USPTO now allowing shapes to be trademarked

Forgo patents, these expire. Trademarks can be renewed.


well kids you now and fully have a target on your back sides…better go and get a law degree.

Yes, trademark law is very powerful. In this case, the correct terminology is Trademark Configuration. However it’s not that easy as detailed in the article.

But, don’t forego patent protection. Each area of the intellectual property law serves different purposes.

Apple is the perfect corporate model for utilitizing the latest technololgy, product design, business and law.

Coming soon to help small to mid-size companies to do what Apples does:

My design + law firm. Stay tuned!

A few quick thoughts:

  1. Lazy design and management pushed them to do this. When everyone hadn’t knocked-off the candy translucent design of the iMac, Apple must have been mad. Now they own their look in almost every way.

This shows how important design is to them. All of these patents and trademarks cost money in terms of the legal team behind the IP and advertising budget to imprint the iPod shape into consumer’s heads.

  1. Notice, I said they own the look in almost every way:

“[T]he design of a portable and handheld digital electronic media device comprised of a rectangular casing displaying circular and rectangular shapes therein arranged in an aesthetically pleasing manner.”

This leaves a lot of space to break their trademark. What if I make a mechanical handheld device, or a fixed electronic device? I guess I can copy the look in those situations.

ahh risk v reward, with that level of protection and their bank book the cost of “twiggin” their noses is mighty high…

For a long time it took energy and education convincing corporate folks to spend and invest in design. Well, similar efforts are needed to convince folks to spend and invest in legal protection, especially the small companies.

For those who really get “it” are way ahead of the game.

Now we can use the iPod as a good design example again. This time we can tell clients, “Look at how much Apple is spending to DEFEND their design”. Maybe we can also tell them, “We can’t make it like an iPod, do you want to get sued?”

Without “defending” their designs, or proactively seeking legal protection from knock-off artists and counterfeiters would simply be bad business practice. I always tell my clients to have a legal and design budgets.

Personally, iPOD design (functionally, especially) is annoying. I prefer tactile user interface.

tacticl for a zillion functions…really now

I prefer telepathy.

It’s going to be interesting to see how this develops.

Will BMW now trademark Flame Surfacing as a core component of their brand identity?

As far as the iPhone/Touch goes, there are some technical reasons why the cap touch glass screen has a metal bezel around it, which is why most other companies producing similar products end up with a similar front face layout. I wonder if this will make this “iconic” feature indefensible in trademark form?

I also wonder how you describe form in legal terms :smiley:

Anyone can challenge a patent or trademark for validity. The USPTO gives everyone (w/ interest and money) a window of opportunity to challenge any pending patents or trademarks before they are issued or granted registration. In fact, one can challenge any patent or trademark even after they are issued or registered.

“Form” in trademark lingo is “configuration.”

Zippy, let me check - iPOD doesn’t have zillions of functions. I prefer my blackberry way more.

iPOD is a 2-D design wonder backed by a very well thought out tech-biz strategy.

i use a cricket phone…only features that have merrit for me.

Sorry for the thread hijack, but I am new here and it seems to me that every post that Mr. 914 posts is a condescending, elitist, know-it-all remark. Seriously, what’s with the douchery? Is this normally tolerated by the moderators or is he just having a bad week? I am just curious because if this is the kind of community promoted here, you can count me out! :imp:

its because we are far older, wiser and more experianced…dig?

jaded? :unamused:

but of course, “new” is generaly a statement by somebody who lacks experiance or time in harness. “bold new direction” bull…90% of what we do is just re hash…ohhh coolll new surface texture, ya right. :laughing:

its because we are far older, wiser and more experianced…dig?

So, if you are older (and can’t spell, “experianced”, really?) that means you can be a jerk? Why would anyone post something for scrutiny on this forum just to be treated like crap by the moderators, and apparently, the regulars.

spelling and typing with a hand in a cast is …FU’d. As far as being a “jerk”, we are pussycats compaired to the market.

This is supposed to be a community to help designers, is it not? And who cares if the marketplace is harsh, that has nothing to do with the behavior of people on the Core77 forums. It also rains in England, does that mean I can justify being an a-hole because of that fact? :unamused:

Oh and about your cast and its effect on typing, misspelled words show up underlined in red when typed into the text box. Operator error is to blame, cast or not. Or you could just blame the market, it’s responsible for lots of things. :smiley: