The intellectual property item in question will be a trucking company, specifically a hotshot trucking company. Since there are various car models with exclusive technology, form, and brand names in the market, it would be of paramount importance to ensure intellectual property rights for the company. First, as far as the patent is concerned, the US IP law recognizes automotive manufacturing as a subject to patent, placing major emphasis on utility, design, plants, and provision (Schlackman, 2017). The hotshot trucking company will be eligible for the design patent due to the unique form of attaching a flatbed or trailer for capacity. The patent term will be twenty years from the moment of patent filing, yet it could be prolonged if necessary. The procedure of applying for a patent is outlined by the US Patent and Trademark Office (USPTO, n.d.a). The cost of such an endeavor varies between $900 and $5,000, depending on the lawyers’ involvement.
The US copyright law recognizes the registration of 2D and 3D car designs upon creation. Once ready with the model, the author may file a copyright request for the US Copyright Office (2021). Under the US Copyright law, the creators gain copyright for their works for the duration of their life plus additional seventy years (US Copyright Office, 2021). The cost of filing a copyright request varies between $45 and $65 (US Copyright Office, n.d.). Hence, to copyright a comic series, the first step would be to file a digital application. However, as far as the hotshot trucking company is concerned, emphasis is placed on the design patent and not the copyright.
As far as the trademark is concerned, the subject to the trademark of the hotshot trucking company would be the unique logos and name. To obtain a logo and name trademark, it is necessary to address the USPTO (n.d.b) and find the link relevant to one’s location. Then, it is required to fill in the application form on an intent-to-use basis. USPTO also advises hiring a licensed attorney to guide the applicant through the complicated process. The average cost of trademarking a logo or a name is between $250 and $600, excluding legal fees related to the examination and work with a USPTO attorney. The trademark right for the name or a logo related to the company will expire only when it is decided to no longer use them in commerce (Legal Information Institute, n.d.).
The notion of a trade secret is irrelevant to a hotshot trucking company. According to the World Intellectual Property Organization (WIPO, n.d.), an item should be considered a trade secret solely when some information regarding the production is private and known to a limited number of people. Thus, the creation of this type of car, although having some specific design, does not require a completely different and unique mechanical structure. As a result, it is not eligible for a trade secret.
International intellectual property protection is relevant due to the company’s intention to manufacture cars outside the state. In order to secure international protection, the subject of the patent should be then considered with the help of various international treaties that help adjust the intellectual property provisions for the state of commercial interest. The term international protection complies with that of general copyright law.
References
Legal Information Institute. (n.d.). Trademark. Web.
Schlackman, S. (2017). What does intellectual property protection? Web.
United States Patent and Trademark Office [USPTO]. (n.d.a). Design patent application guide. Web.
United States Patent and Trademark Office [USPTO]. (n.d.b). Trademark process. Web.
US Copyright Office. (2021). The copyright law of the United States and related laws are contained in Title 19 of the United States Code [PDF document].
US Copyright Office. (n.d.). Fees. Web.
World Intellectual Property Organization [WIPO]. (n.d.). Trade secrets. Web.