Designed a new T-style guitar, now I'm going to protect it

[BeeTL]

Over the last few months I’ve been working on a few different build projects.

In the midst of that I designed a new headstock and a new body shape.

I’m at a point where I believe these may have some long term value, so I’ve made a big decision:

I’m going to protect my designs.

I’ve been in touch with a patent and trademark Attorney, and I have started the process of applying for patent and trademark protection.

Over the next few weeks and months I’ll document the process and some of the recent case law that got me interested in pursuing this process.

In the mean time, here are the designs:

[newtwanger]

Go for it. What kind of coin do you think this will set you back?

[slickschoppers]

that is a good idea,, always a good idea to protect your ideas...

I'm sure if you don't that the big companies will try to steal your headstock design.......

not guitar companies mind you,,, companies that want to open LARGE beer bottles....

[slickschoppers]

admit it,, you got the idea for the headstock shape while drinking a few cold ones designing the body

[tonfarbe]

That headstock shape looks very similar to the ones on the Caliber Telecaster copies:

[Shepherd]

admit it,, you got the idea for the headstock shape while drinking a few cold ones designing the body

That's the first thing that came to mind when I saw it. Now if you could turn that shape into an actual working opener you might be on to something

[Nick JD]

At this late stage in the guitar business, I'd wait until you have sold maybe five thousand units before buying intellectual property attorneys their next BMW. Unless, of course these guitars will be made using a different process or material that hasn't been done before.

[scubadoo]

Maybe you should do a poll first and see what people think about the shape. To me the body looks awkward, there are no pleasing curves and the flat bottom is too hard.

BUt hey, that's just me. I think i'd like to know that there was money in it before i shelled out on lawyers.

Good luck though.

[muttley]

I would assume that you have researched this but a patent in most countries covers articles that are new and inventive or have industrial or production implications. I fail to see how your designs fall into those. I don't wish to dampen your enthusiasm but it is unlikely that any such claim by you would succeed so be aware before you part with any money..

The area more appropriate to what you are after is copyright law and even that wont help cover others from stealing your designs should they want.

On a more constructive note, if you are convinced that there is merit in your designs, consider showing them to people who work in the industry to get some feedback. Those guys know what will sell To be safe you can draft some sort of non disclosure contract that they may or may not be willing to comply with. That way you will get some valuable feedback.

You may wish to consider registering your logo as a trade mark but even that is only really of value if the image is likely to be widely exposed and of value in the publuic domain. Not meaning to be overly critical, just saying.

[hwestman]

Not my cup of tea BUT you should make a metal insert for the headstock to make it a real can opener.... that would actually be pretty cool IMHO...

[SackvilleDan]

Nice designs!

Although, having just finished a course in Intellectual property / trademark and patent law, prior publishing of your "invention" into the public domain before applying for a patent will disallow you from getting a patent. Even though it was your idea, by sharing it with the world on here, it is no longer "new", and you won't get a patent.

Sorry! You may still be able to get a copyright though. :) Or delete this thread, and pretend it never happened !

[newtwanger]

Too close to these, I think. (but everything is close to something....)

You might show these to your attourney for his opinion.

[telesavant]

At this point a non-disclosure would be moot, as you have just disclosed them to the world....so a patent on these designs wouldn't be prudent because they are now public domain....unless you have a provisional patent...in which case they would have "patent pending" status and must be labeled as such.
I've seen headstock designs that were patented, but a trademark is more realistic at this point and many companys have certainly done this with their headstock shapes.

[reverend]

Bottom of the body looks lot like Danelectro Dano Pro guitar.

[Jack Wells]

I think the first step in the process would be to come up with a design that others would want to copy ............. enough said.

[jay1970]

Must admit the headstock looks fantastic, not so keen on the body.

[surfoverb]

so all I have to do is take a Tele and cut a whole in the headstock and I have a new design? Sweet!

[slickschoppers]

not to throw more wet blankets on the fire... but ....

the other issue to understand it patents and trademarks are great... they are very usefull if you have a successful and original idea.

HUGE "BUT" comming...


But,, you are REQUIRED to protect your patents and trademarks. if someone copies it, you are required to seek legal action against them and protect it. if you fail to do so, the patent / trademark becomes void.

for instance, fender has always agressively protected there trademark name, BUT,, they did not defend the body shape design of the stratocaster and telecaster.

it was decided in court that fender has let it go for so long that they can no longer claim patent rights to the "shape" of the bodies on fender guitars. They just recently got done with a EXPENSIVE and Futile attempt to stop others from copying the basic body shape.....

so it is not just the INITIAL cost of patent / trademark lawyers that is expensive. the real issue with the continuing cost of hiring a lawyer every time someone tries to copy your design.

I have to agree with what some others have said above, the headstock and body shapes are not that different from what others have done in the past.

your lawyer will have to compare your designs against all other designs to see if it is doable...

EVEN if he successfully gets it registered..... if it is found later that a design close enough to yours was done BEFORE you registered it.. you are out of luck.......

no offence made but I don't see any major manufacturers scrambling to steal your designs.....

I think you will find that QUALITY of work, Material, Setup, and support sells more guitars than anything else.

Take Ron Kirn guitars. you can find other guitars that "look" the same. it is the QUALITY of his guitars that sells them,, not the shape. I have not bought or ever played a Ron Kirn guitar, but I have heard nothing but great things about them...

[jkingma]

I have a couple body designs that I came up with and a couple headstock designs as well. Although they are different they are also still "familiar". I can't see where it would be worth my while to try and protect them. If however I came up with something really cool and unique I would probably look into it, but in all honesty I would never be able to produce enough guitars to make it worth my while.

[t3l3cast3r]

Yeah, I wouldn't publish/post my "unique" designs all over the internet for anybody to steal until AFTER I had them trademarked and protected.

That would be like coming up with a killer bbq sauce and publishing the recipe online. Not wise.