Copyright for a custom made box

[PatriciaApple-Bay]

Dear all,

We have created a custom made box and we want to protect the design with a copywright, so in that way we make the boxes but I don't want anybody else doing the same one, how can I do this? I mean, it's just a cardboard box, but we want to protect the design.

Many thanks for your comments.

Best Regards,

 

[DaveDAC]

Hi Patricia

There are a number of different types of intellectual property rights. Copyright applies to the right to copy things like the text of a book, a song or photograph. It's a little hard tot ell from the information you've given, but it sounds like you wish to protect the design (ie the look and feel, shape etc) of your box. This would require registration of the Design. The Intellectual Property Office website has more information - http://www.ipo.gov.uk/design.htm about registered Designs and the process you go through.

 

[crunchygherkin]

no expert here but its an interesting one as ive had some custom boxes made but never considered protection for the actual box design though they have been quite generic until they have been printed.

That said it hasnt been me that has made the actual design but I have used the cutting form manufacturers to design them based on my needs and I guess they would hold the rights not me as I have never asked for a transfer of ownership of any potential rights and they are not employed by me so Id assume they would keep the design rights.

The mind boggles at the amount of box technical drawings must be out there! are you sure yours is a totally unique design?

Plus id think even if you managed to protect your actual design it wouldnt stop someone doing something slightly similar just not exact.

Id think the best protection would be how you print your box in terms of copyright protection; maybe trademark law if you have trademarks on it plus passing off law.

I do think sometimes you might have to accept that people will copy things you do if they turn out to be good but just focus on doing what you are doing well.

 

[Trademarkroom]

Dear Patricia

Previous comments are correct about the type of IP you want. Take a look at the UK IPO website design section (http://www.ipo.gov.uk/types/design.htm) to see if your product will qualify. To quote the UK IPO:

A Registered Design is a legal right which protects the overall visual appearance of a product or a part of a product in the country or countries you register it.

For the purposes of registration, a design is legally defined as being "the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or ornamentation."

This means that protection is given to the way a product looks. The appearance of your product may result from a combination of elements such as shapes, colours and materials.

Once you have a name then you are looking at getting that protected through the registered trade mark process. This gives you the sole right to use the name and prevent others using it without your consent.

Please pm me if you would like more information/costs.

 

[scott321]

if you google for "blank videogame box art" or "custom box art" or "box art template" you might find images that are the right size

 

[mobile-marketing-online]

You should just visit your local trademark company and file for a trademark.

If it's an image which is custom designed, you should pass through with flying colours, as long as it's descriptive terms/meaning is someone unique. For example if you trademarked your box with the descriptive words Cardboard Box, there is a slightly lesser chance that you might be accepted BUT if your descriptive term would be - Folded Cardboard box - used in storage facilities. It would have a far better chance of acceptance.

 

[Deleted member 13430]

Mobile,

I think you may be mixing up trade mark protection and design protection. Although there is some overlap in the protection of both concepts, trade mark law is designed to protect brands (badges of trade origin) and designs the look of a product.

You can register the image of the box as a trade mark, but thats what it would protect the image of the box, not the box itself. If the OP never used the image as a trade mark and never intended to use the image then the registration would be invalid. Design protection is the best form of protection if you are looking to protect the look of the box. 3D shape marks can be registered as a trade marks (I have successfully prosecuted them through to grant), but they are very hard to register and generally only shape marks which are very well known and the public see the shape (not any added words) as a trade mark can be registered e.g. the Coca Cola bottle.

One thing the OP must bear in mind, you have one year form first marketing/public disclosure of the design to register it, once that time period is up any design application you file will be invalid. Remember remember that time period!

Also think about where the product will be manufactured, as well as where it will be sold. We have clients who do not sell their product in China, but manufacture it there, so we have registered the design of the product there, as well as any associated brands as trade marks before the Chinese IP Office, as well as the states e.g. the the UK or via Community Trade Mark Applications across the whole EU where they sell their products.

I suggest you go to a fully qualified trade mark or patent attorney firm for some initial advice. Some links below:-

http://www.itma.org.uk/links#members-services

Maybe find a local firm and they will usually give you some initial free advice.

If you have a brand to market your box then this should be registered as a trade mark.

 

[mobile-marketing-online]

My Apologies,

Yes, you are right. Design protection, is sufficient.

 

[internetspaceships]

We designed a box to transport file servers and since you deal in Apple kit possibly you have designed a box to transport Apple units?

We have been told that regardless of whether we can protect the design, the costs involved in trying to prosecute someone for using it are so ridiculous that it's preventative.

 

[Deleted member 13430]

Registering a design is relatively cheap.

The enforcement through the courts of all forms of IP is expensive, although hopefully that will be changing soon. The Patent County Court has slightly changed that already and with the small claims proceedings being introduced that may help further.

Also if you have a valid design registration, its better have than not to have. Cease & Desist letters often do the trick, without having to resort to a court action.

Also the advantage of registering any IP is that it is not only something you use in attack but can form a defence to someone threatening you.

Horses for courses. Up to you whether you feel it worthwhile to spend the money registering your IP.