The Big Bang: When Trademarks Collide with Other IP Rights
Recorded On: 05/22/2017
Pre-recorded from INTA's 2017 Annual Meeting.
Unlike other IP rights that are subject to time-limited protection, the potentially infinite protection that trademarks enjoy makes them a valuable tool for extending the IP protection of a product. This protection does, however, have its limits. This session will explore how different regions of the world address the conflict between (i) trademark protection for a product and (ii) patent, industrial design, and copyright protection for the same product. Topics covered will include:
- Differences in rationales and procedures for protecting trademarks vs. other IP rights
- Claiming trademark protection for product get-up with functional aspects
- Trademark rights in an embodiment disclosed, but not claimed, in a patent
- The interplay of and the clash between trademark and industrial design protection