It was interesting to note on the law360 site that more businesses are now looking towards TMs to maintain their market exclusivity. In an item called, “Trademarks may help companies skirt patent woes” (free trail available to access full text) they talk about the increasing obstacles for securing and enforcement of patents as the reason behind “businesses seeking alternatives for intellectual property protection“.
They go on to say:
“People focus on the importance of patents, but forget that the trademark aspect of distinguishing products for consumers is also really important…it is consumers’ reliance on a product name that makes a difference on commercial sales, not on the exclusivity of the underlying product … part of the draw to trademarks compared to patents is that they can be obtained in months rather than years and they are generally not as expensive to file for or enforce”
We at CAS-IP know that TMs are an important intellectual property tool when considering market development options for products. For more information see the market development section of the CAS-IP website.
(thanks to Victoria for sending this link)