Designed a guitar, now I'm going to protect it

Nuclearfishin

Member
Messages
929
Just an observation here, but put a can opener headstock on an EVH Wolfgang guitar and people can't stop saying how much they hate it, remove Eddie's name from the guitar and people are loving the can opener headstock. What gives?
 

brain21

Member
Messages
2,602
A big part of the price of a patent atty is the cost of doing the exhaustive patent search. It's not like a trademark search! Also, the forms can be complex for a utility patent, getting someone to draw the necessary schematics if you can't do it yourself can be very expensive, etc. Therefore I would think that a design patent atty's fees would be considerably less than the fees for a utility patent. I know you are not going to pursue it, but just for education in this thread:

"Design patents are only granted if the design is novel and not obvious for all items, even those of different utility than the patented object. An actual shield of a given shape, for example, can be cited as prior art against a design patent on a computer icon with a shield shape. The validity of design patents is not affected by whether or not the design is commercialized."

For that reason, you wouldn't have gotten the design patent, thanks to the Music Man guitar posted on the previous page.

Any attempt to apply a trademark might have passed, but you would lose if MM decided to sue you. Your design would be considered a "derivative work" regardless if you copied it from MM or not.
 

Andy J.

Member
Messages
2,316
... not to rain on your parade, but the body shape instantly reminded me of Trev Wilkinsons' new-ish Fret-King Esprits, which are available in a few different PU and pickguard styles:

 

BeeTL

Gold Supporting Member
Messages
760
I thought about starting a new thread but decided to resurrect this one instead.

After reviewing the standards the guitar industry follows I have applied to register my "bottle opener" headstock design with the USPTO.

http://tarr.uspto.gov/tarr?regser=serial&entry=85237520&action=Request+Status

http://tarr.uspto.gov/tarr?regser=serial&entry=85237521&action=Request+Status

There is no question that the bottle opener headstock design distinguishes a Lowe Custom Guitar from any other brand on the US market today, and registering this design is consistent with my business goals for LCG over the long term.

I'm excited to see this process moving along...:)
 
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aman74

Member
Messages
8,709
I thought about starting a new thread but decided to resurrect this one instead.

After reviewing the standards the guitar industry follows I have applied to register my "bottle opener" headstock design with the USPTO.

http://tarr.uspto.gov/tarr?regser=serial&entry=85237520&action=Request+Status

http://tarr.uspto.gov/tarr?regser=serial&entry=85237521&action=Request+Status

There is no question that the bottle opener headstock design distinguishes a Lowe Custom Guitar from any other brand on the US market today, and registering this design is consistent with my business goals for LCG over the long term.

I'm excited to see this process moving along...:)
What guitar is that in your avatar.

Good luck on this whole process!
 

jemke

Member
Messages
63
By posting your ideas, they are in the public domain. This means you can not apply any IP on it anymore. Thanks for sharing the ideas anyway:)
 

BeeTL

Gold Supporting Member
Messages
760
What guitar is that in your avatar.

Good luck on this whole process!
That's a Tele/SG mashup (tentatively named SuGarSonic) I made for a friend.

http://s104.photobucket.com/albums/m199/BeeTL/?start=all


And?
By posting your ideas, they are in the public domain. This means you can not apply any IP on it anymore. Thanks for sharing the ideas anyway:)
I'll be sure to pass your comments along to my attorney. :)

As a practical matter, acquiring Trademark rights REQUIRES the actual sale of a product to the public with the mark attached.

Kind of tough to do without "getting it out there".
It's like:

Danelectro Dead On
That's a lovely guitar.
 
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scr@tchy

Member
Messages
3,843
I was the inventor of a headstock, but Heritage stole it. After a looong legal battle, I won and they had to keep it.
 

Cream

Member
Messages
3,105
Keep in mind you have to protect your design post-patent as well. People tend to think that once you have a patent no one can use your design. They can do whatever they want. The onus is on you to sue them at that point. If you don't, the patent is considered abandoned and it's up for grabs again. It's often this legal process that incurs the most in fees. Just something to think about...

Also, FWIW, that part about posting it in public means it's public domain is rubbish. Legally, by affixing your work to a medium like print on a forum, you've just earned yourself a copyright. Now you just have to file it.
 




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