Can I obtain both a design patent and a trademark for the same subject matter?
Yes, it is possible to obtain both a design patent and a trademark for the same subject matter. The MPEP cites an important court decision on this matter: “The CCPA, in In re Mogen David Wine Corp., 328 F.2d 925, 140 USPQ 575 (CCPA 1964), later reaffirmed by the same court at 372 F.2d 539,…
Read MoreCan I obtain both a design patent and a copyright for the same design?
Yes, you can obtain both a design patent and a copyright for the same design. The MPEP states: “There is an area of overlap between copyright and design patent statutes where the author/inventor can secure both a copyright and a design patent. Thus an ornamental design may be copyrighted as a work of art and…
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