If I designed an innovative gift box and bag collection, how do I protect it?

UPDATED: Dec 27, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 27, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I designed an innovative gift box and bag collection, how do I protect it?

Should the collection be copywritted or patented?

Asked on December 27, 2013 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the box involves some "mechanical" or "physical" new elements (e.g. a new hinge or way of opening), you may wish to consider patenting those elements, too. As to design elements, you can and should protect them under both copyright (which applies to the specific graphic elements and/or text) and trade mark (which applies to unique design or graphic features which identify you and your business as the source). In short, you have several options, and the best thing to do is to consult with an intellectual property (IP) attorney to evaluate which will help you the best.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption