Can I pursue a design patent for a koozie and legaly sell it? 3 Answers as of May 20, 2011

Can or should I pursue a design patent for a koozie and legally sell it? I only wonder because from the research I've done. I have found that the term "koozie" is trademarked. Should I go through an attorney for such a simple patent?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
I would encourage you to contact an attorney or law firm, like ours, to discuss patenting your insulated beverage holder. However, your right to the term Koozie is not a patent question, but appears directed to trademark law. I do not have enough information related to your commercial use of the term Koozie.
Answer Applies to: Kansas
Replied: 5/20/2011
DANIEL NESBITT | Hasse & Nesbitt
A design patent requires that the ornamental shape of the article be novel (new) and non-obvious. You need to determine that the device you plan to sell does not infringe the enforceable patent design of another person. I do not see the relevance of the "koozie" trademark. What you consider "simple" may be far from simple, so you should seek professional legal assistance from a patent attorney.
Answer Applies to: Ohio
Replied: 5/19/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Yes you can file for a design patent on the koozie. The fact that there is a trademark for the work koozie just means you cant advertize your product as a oozie.
Answer Applies to: Oregon
Replied: 5/19/2011
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