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Can a trademark evolve? In the world of intellectual property rights, a registered trademark can live on for a hundred years or more. If you registered a trademark in the s, it could still be valid today. But will the underlying product be delivered to customers the same way?
Trademark Evolution, Part 2. Complex technology like blockchain is in fashion. What about IP protection for seemingly simple items like shirts, shoes and undergarments?
As competitors jostle for position in the fashion and apparel marketplace, how do intellectual property rights apply? Make no mistake, IP rights in the fashion and apparel industry are fiercely contested.
Fashion products can be protected in Canada using a number of different IP tools, including:. The period of confidentiality may be short-lived in the case of a new product design: An owner of confidential information must take steps to maintain confidentiality, and the information should only be disclosed under strict terms of confidentiality as part of a non-disclosure agreement NDA , or confidentiality agreement. If the confidential information is misappropriated, the owner can seek to enforce its rights by proving that the information has the required quality of confidentiality, the information was disclosed in confidence, and there was an unauthorized use or disclosure in a way that caused harm to the owner.
Ensure that you take practical steps to limit access to the confidential info. Many apparel and footwear companies rely heavily on patent protection to block competitors and gain an advantage in the marketplace. A competitor — Under Armour Inc. In this patent application, Under Armour is seeking protection not only for the fabric but also the innovative method of manufacturing the fabric. In the case of many fashion or apparel products, the time and cost of patent protection — it may take several years before a valid patent is issued — may not be justified in light of the high turn-over in seasonal product lines, and the ever-shifting tastes of consumers.
Make sure you consider both sides of the patent issue: Archive for February, Trademark Evolution: Business Issues , General , Trade-marks. By Richard Stobbe Technology certainly evolves.
This concept was more recently applied in Davis LLP vs. In the United States, the USPTO is running a pilot program to allow amendments to identifications of goods and services in trademark registrations due to changes in technology, including many cases where floppy disks and cartridges are being updated to reflect online streaming.
Embedded in the original trademark application is a description of the technological breakthrough of allowing motion pictures to be broadcast with sound: By Richard Stobbe Complex technology like blockchain is in fashion. Fashion products can be protected in Canada using a number of different IP tools, including: Patents Many apparel and footwear companies rely heavily on patent protection to block competitors and gain an advantage in the marketplace.