NEW YORK — WWD created a fictitious handbag with several trademark designs so attorneys could put a price tag on protecting the intellectual property.
Conservative estimates of the total cost to protect every element that might potentially qualify (such as the WWD trademark, W trademark, fabric copyright, design patent on bag shape, utility patent on clasp, etc.) put the grand total at $10,200. But if problems arise, or the process is complicated by a legal hurdle, that figure could rise as high as $19,500. Regarding worldwide trademark registration, the price tag could reach $3 million.
Surprisingly, WWD found that several of the design elements would be difficult to protect under current laws. It’s also important to note that there are two factors in determining the cost of protecting an item. There’s the cost of registrations with government organizations, as well as the legal fees associated with getting help to file those registrations.
Legal fees vary from firm to firm. Some industry sources estimate that in New York and Los Angeles, attorney fees range from $600 to $700 an hour. That rate differs according to the size of the law firm, the services offered and its specific fee structure.
WWD Logo: Trademark
Cost: $1,000 to $2,000 per trademark
Trademark registration is very important for a new brand. Acronyms like “WWD” can be difficult to register, while the easiest to obtain are arbitrary marks such as made-up words. Verizon is a prime example. Getting permission to use a trademark and register it hinges on an interpretation of “confusing similarity,” the ability to tell the difference between two items when you see them separately. The process of investigating a trademark often resembles a mini litigation, which is why it often pays to hire a lawyer.
WWD Fabric: Copyright
Cost: $200 to $800
Copyrights are the cheapest and easiest protection to apply for because there is no search done, but they are difficult to obtain for apparel. To date, legal and judicial interpretations of copyright laws have not generally been extended to apparel designs. Fabric designs are sometimes eligible for copyright protections if the pattern is a recognizably unique piece of artwork, a hand-painted fabric or a reproduction of an original painting, for example. The “WWD” patterned fabric would be difficult to get approved for a copyright, lawyers said.
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Overall Look of Bag/W shape: Design Patent
Cost: $2,000 to $5,000
Design patents apply to the overall shape and look of an item. Patents are difficult to obtain and take much more time and money than copyright or trademark applications. It is possible that the “W” shape of this bag could be protectable by a design patent, but unlikely, according to trademark lawyers. Design patents cover the ornamental features of something that is otherwise a utilitarian item. Both kinds of patent protection are difficult to get because the item must be proven to be completely unique compared with anything that has come before it.
Clasp of bag: Utility Patent
Cost: $6,000 to $10,000
A utility patent could be applied to the catch of the handbag if a demonstrably new mechanism were being used. Patents are expensive and expire more quickly than copyrights or trademarks and require renewal fees if the owner seeks to extend them. Utility patents apply only to utilitarian items and nothing ornamental qualifies.
Typical Fee Schedule
Trademark
Filing fee: $375 per trademark, per class of goods on paper, $325 if filed electronically (additional fees are attached to any documents filed after registration, as well).
Search fee: Preliminary, $150 to $300.
Search fee: Full: $400 to $500, double for expedited searches.
Copyright
Filing fee: $30 to the U.S. Copyright Office.
Design Patent
Filing fee: $200
Search fee: $100
Examination fee: $130
Utility Patent
Filing fee: $300
Search fee: $500
Examination fee: $200