Can I apply for a patent for a design or a trademark?
November 12, 2022 | 50,00 EUR | answered by Günther Schenkenberg
Dear patent attorney,
My name is Theodor Werner and I have a question regarding the possibility of applying for a patent for a design or a brand. I have an innovative idea for a new product and would like to ensure that my competition cannot produce copies of it.
My design is unique and I would like to have it protected in order to safeguard my investments and creative work. I have heard that it is possible to apply for a patent for a design or brand, but I am not sure how to proceed and what steps I need to take.
My concern is that someone else may copy my idea and profit from it without compensating me. Therefore, I would like to know if it is possible to legally protect my design or brand and what steps I need to take.
Could you please explain to me what options are available for applying for a patent for a design or brand and what steps I need to take? I would greatly appreciate your assistance in helping me protect and legally secure my idea.
Thank you in advance for your help.
Sincerely,
Theodor Werner
Dear Mr. Werner,
Thank you for your inquiry regarding the possibility of applying for a patent on a design or a trademark. I am pleased that you wish to protect your innovative idea and are actively seeking to secure your investments and creative work.
In order to legally protect your design or trademark, you have the option to apply for a patent. A patent grants you the exclusive right to commercially exploit your invention and to prohibit others from imitating it. There are two main types of patents that are relevant for design and trademark: utility models and design patents.
A utility model protects technical inventions, such as products or processes based on a technical idea. It provides a simpler and faster protection than a patent and has a limited duration of up to 10 years. To apply for a utility model, you must submit a description of your invention as well as any technical drawings.
On the other hand, a design patent protects the external appearance of a product, its design. It allows you to protect the aesthetic design of your product from imitation. Here as well, you must submit a description and possibly design drawings to apply for a design patent.
To apply for a patent, you must contact the German Patent and Trademark Office (DPMA) or the European Patent Office (EPO), depending on whether you want national or international protection. There, you can submit your patent application and the necessary documents. It is advisable to seek advice from an experienced patent attorney to ensure that your application is correct and complete.
I hope this information helps you and answers your question regarding the possibility of applying for a patent on a design or a trademark. If you need further assistance or have more questions, please feel free to contact me.
Best regards,
Günther Schenkenberg
Patent attorney
