HOW CAN I KEEP MY JEWELRY DESIGNS FROM BEING COPIED?

A common question that we receive is how may I protect my jewelry designs from being copied and reproduced by others. American Gemstone Group guaranties that any products that we produce for our jewelry production clients will never be reproduced by us except at the direction of the client. Once your products are on market though, other brands will start to see your ideas, and if something catches on, chances are somebody somewhere will copy you.

When it comes to protecting designs there are really only two avenues; applying for a design patent through the US Patent and Trademark Office (www.uspto.com), and/or trademarking your name and logo.

A design patent has a few drawbacks:

Firstly, it must be unique by a very specific definition. Many simple and classic designs do not fit this definition.

Further designs registered in this way are only protected for 3 years, and the process will run into the thousands of dollars if a lawyer is involved. (Without a lawyer the registration costs are in the hundreds, however the paperwork and formatting is intimidating to say the least).

A trademark offers protection of your logo, and is very enforceable. This also can be renewed indefinitely.  The drawback is unless the design itself incorporates your logo, it is not protected. If your trademark is simply put onto the piece of jewelry somewhere, it is easy enough for another company to copy your concept and apply their own trademark.

  • camelia manolescu

    Hello Gemwares.com!
    I am a freelance jewelry designer living in Europe. My sketches are protected by copyright. Currently I am looking for a jewelry manufacturer willing to give a chance into brand making for people like me.
    I read carefully the info on your web site and I agree with your manufacturing policy.
    I am more than willing to start working with you according to the procedures you have established, but before doing this I would like to ask if we could sign a confidentiality agreement or an NDA (non disclosure agreement ) concerning my copyright.
    Please let me know how could we deal with this aspect and when this is done I will create my own user account and send you my first order.

    Thank you for your cooperation on this matter.

    Best regards,

    Camelia Manolescu

    Reply

    • Noah Severs

      Hi Camelia!
      We’re excited that you found us. You’ve come to the right place. Go ahead and register an account with our website by clicking on the register button above, and inside the My Documents sections you’ll find a copy of our Intellectual Property and Services Agreement. You’ll just need to sign the signature page and upload it, then on receipt we’ll sign and upload as well. You’ll find that our system is very streamlined and allows us to process new jewelry quotations and samples extremely efficiently. Communications will all go through your client account when you register with the website. We look forward to developing your products for you.

      Reply

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