Consumer products live and die by differentiation.
A crowded shelf or an endless amount of near-identical listings often means the difference between a product that grows and one that gets copied until it’s out of the market.
At Gearhart Law, we help consumer product companies protect what makes their product, brand, and design theirs. Based in Summit, New Jersey, and working with clients nationwide, our attorneys handle the patents, trademarks, and copyrights that cover a consumer product from concept to shelf, along with the licensing and manufacturing agreements that get it there.
Our New Jersey Consumer Products IP Services
Patent Protection for Consumer Products
A utility patent protects what a product does, including its mechanism, its function, and the problem it solves. We help consumer product companies secure utility patents built to hold up under examination, backed by a thorough search of what already exists.
When a product’s value comes from its appearance rather than its function, we also handle design patents, often alongside a utility filing for the same product.
Brand and Packaging Protection
A product’s name, logo, and packaging are the first things that a customer notices and, oftentimes, the first things a competitor copies.
We register and enforce trademarks and trade dress, the distinctive look of a package or product, so a brand’s identity stays protected as the product line continues to expand.
For companies selling through major online marketplaces, a registered trademark is often also required to enroll in seller protection programs like Amazon’s Brand Registry.
Copyright Protection
Product packaging artwork, instructional materials, and marketing content all qualify for copyright protection, and for connected or smart products, that protection extends to the software that runs them as well.
We register these works and act when they turn up somewhere they shouldn’t.
Bringing a Product to Market
IP protection is only part of getting a consumer product into the marketplace.
We advise on manufacturing and supply chain agreements, licensing arrangements, and the Consumer Product Safety Commission requirements that come with selling a physical product, along with FDA considerations for clients in personal care or other regulated categories.
What Our New Jersey Clients Say
Our New Jersey Consumer Products IP Process
- Step One: Product and IP Assessment We start with a conversation about your product and a review of what needs protecting, including the mechanism, the look, the brand, or some combination of the three.
- Step Two: Search and Filing We conduct the appropriate clearance and patentability searches, then file the patent, trademark, or copyright applications that your product will actually need.
- Step Three: Launch and Ongoing Protection As your product goes to market, we support the manufacturing and licensing agreements behind it and monitor for infringement once it’s out in the world.
Why Clients Choose Gearhart Law for Consumer Products
Bringing a consumer product to the market means juggling more than one kind of protection and more than one kind of expertise. Clients come to us because we handle all of it under one roof, without losing sight of where their business is actually headed.
Here is what that looks like in practice with us:
- Full-service protection across patents, trademarks, and copyrights under one roof
- Direct access to the lead professional on your matter
- Experience spanning both physical product design and the regulatory and business side of bringing a product to market
- An investor’s perspective for companies planning to raise capital or license their product
Frequently Asked Questions
1. Do I need a patent, a trademark, or a copyright for my consumer product?
Most consumer products benefit from more than one. A patent protects the product itself, a trademark protects the brand name and logo, and copyright covers packaging art and marketing materials.
2. What’s the difference between a utility patent and a design patent?
A utility patent protects how a product works. A design patent protects how it looks. Many products qualify for both.
3. Can I protect the way my product’s packaging looks?
Often through more than one protection at once: a design patent for the shape, trade dress once the packaging has built recognition, and copyright for any original artwork on it.
4. Do I need a registered trademark to sell on Amazon or other marketplaces?
Not always to sell, but a registered trademark is generally required to enroll in brand protection programs like Amazon’s Brand Registry, which helps prevent counterfeit listings.
5. When should I start the patent process, before or after I manufacture my product?
Before, whenever possible. Filing before public disclosure or sale preserves the broadest set of options both in the U.S. and internationally.
6. What happens if a competitor copies my product design?
Having a design patent, trademark, or trade dress already in place gives you a much stronger, faster path to enforcement than trying to establish rights after the fact.
7. Does copyright protect the software in a connected or smart product?
Yes. The code running a connected device is generally eligible for copyright protection separate from any patent covering the device itself.
Areas Served
Protect Your New Jersey Consumer Product Today
Getting a consumer product to market is hard enough without wondering whether it’s protected.
Let’s put a strategy in place that covers your product, your brand, and everything in between.