The title to this put up is a gross oversimplification meant to show a place or, more properly, disprove a fantasy. I are unable to inform you how quite a few times I’ve had firms swoon in excess of the idea of paying huge cash to secure a patent and pooh-pooh my recommendation to shell out modest cash to secure a trademark. Truthfully, most of these firms really don’t really get it.
Let me demonstrate.
- Patents are just about often costly to get and just about often costly to shield.
- Emblems are just about often low-cost to get and a lot of the time low-cost to shield.
Let me more demonstrate, first with patents:
- Securing a patent (other than a layout patent) generally prices 3 to four times what a trademark prices. This is genuine in China, the United States, Europe, Canada, Mexico, where ever.
- If you believe anyone is violating your patent and you send them a cease and desist letter to get them to end undertaking so, there is a quite superior prospect they will assert there is no violation. And following you demonstrate to them why there is a violation, there is nonetheless a quite superior prospect they will explain to you why you are erroneous. If their orthopedic system is exactly like yours but for some fairly unimportant button someplace, they will assert that fairly unimportant button is in fact vital and it indicates they are not violating your patent.
- If you go to the e-commerce web-sites on which they are marketing the orthopedic system that practically surely does violate your patent and you inquire that e-commerce web site to acquire down the infringing item, the odds are superior that web site will inform you that they are not patent legal professionals and you will require a courtroom purchase or a judgment for them to acquire it down. This is commonly genuine of tall the main e-commerce web-sites all around the planet.
- The above indicates that if you want to end your competitor from marketing what you see as the infringing orthopedic system you will have to sue and you likely will require to seek the services of an costly qualified to show the infringement. Couple of issues in daily life cost more than patent litigation, and considering that my law firm does patent litigation, I know whereof I talk on this.
But emblems are considerably more simple and considerably less expensive:
- Securing a trademark generally prices 1/3 to 1/4 significantly less to secure than a patent. This is genuine quite considerably in all places.
- If you believe anyone is violating your trademark and you send them a cease and desist letter to get them to end undertaking so, there is a good prospect they will end, in particular if they are not in the counterfeiting small business. If I brand name my orthopedic products “The Harris Special Orthopedic Device” and secure emblems for that title and anyone else employs that pretty identical title, they are going to have a tricky time declaring they are not violating my emblems — assuming I have the r egistered trademark in the relevant international locations.
- If you go to the e-commerce web-sites and ask for that the item that is violating your trademark be taken down (and it is in simple fact violating your registered trademark), there is a pretty superior prospect it will be taken down. This is commonly genuine of the main e-commerce web-sites all around the planet. Consider the “Harris Special Orthopedic Device” as the instance. It does NOT acquire a attorney to know that if I have the registered trademark in China and the United States for “Harris Special Orthopedic Device” (in the suitable class), anyone else marketing “Harris Special Orthopedic Device” in China or the United States (that did not appear from me) is violating my trademark. My law firm’s good results level in getting down offending emblems is really really large.
- And should really you select to sue for a trademark violation, proving the trademark violation is in many cases fairly effortless.
Oh, and just one more point. To grossly generalize. patent safety in China courts tends not to be as robust as in either the United States or Europe. While China trademark safety tends to be incredibly robust.
There. I’ve said my piece.