Legal Question in Intellectual Property in Minnesota

trademarks vs. patents

I wish to manufacture and market a product similar to one patented in 1984. Is it nessessary, or advisable, to attempt to patent this product, or would registering a trademark be sufficient? Along similar lines, when 'trademarking' a product is it nessessary to traemark individual products in a 'product line'?


Asked on 2/09/08, 2:17 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: trademarks vs. patents

First question: It would likely be wise to patent it if sufficiently new/different from existing patented product. It can be expensive so you want to do a cost/benefit analysis.

Second question: Although each product may have a unique "model" type: e.g. Mustang, Camaro etc.

Overarching TM ( Ford, Chevrolet) will be required for each brand you wish to protect. I highly advise you to seek experienced business/IP counsel before you launch your products and/or invest substantial capital in your venture.

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Answered on 2/09/08, 3:50 pm


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