Bronx, NY asked in Copyright and Patents (Intellectual Property) for New York

Q: Let’s say I have a design in mind for a beauty product to be sold in , does it make sense to get a design patent?

I want to know if I can prevent other vendors or manufacturers from replicating my idea .

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Intellectual Property Lawyer
  • Moorestown, NJ

A: I assume that you have designed some sort of a bottle or a container for holding nail polish, hair gel, mascara, body lotion, etc.

You have several options.

First, you should trademark the name of your product, and possibly the logo.

Second, you may want to get a design patent. The design patent is simply for the ornamental aspect of the product.

Thirdly, if there is something unique about your product, something that, for example, makes it easier to grip, or dispense, or apply, then you want to be looking a utility patent.

If it is a container that just looks unique, but functions like any other container, then you may want to pursue a trademark and/or a design patent. Which is appropriate will depend on the product and your business model.

You should find a patent attorney to help with this. I am also available. Most of my work currently is on beauty products, but on the chemistry end of it; doing a trademark or a design patent for your business should not be a problem.

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