Tuesday 28 January 2014

I have a unique design trademark on a car design. This car had a patent years ago but expired in 1980, I have made many changes and trademar...

Question

I have a unique design trademark on a car design. This car had a patent years ago but expired in 1980, I have made many changes and trademarked it in my home state. I was told someone else has rights to the design under intellectual property & implied trademark laws is that correct?



Answer

As a Franchise Attorney I can only say more information is needed. Patents and trademarks are two distinct bodies of law. A patent expiring has nothing to do with current trademark rights. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation



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