using a known interesting pattern - can I protect it?
Unfortunately if you simply wish to put a known interesting pattern
on a known product - you will have difficulty protecting it. A patent
would need inventiveness, and to trade-mark your idea would
require a very real drive to have your business or range of products
known because your products come in that pattern - an approach
which requires considerable dedication.
Copyright might protect the precise arrangement of the pattern -
but should not stop someone else using the same type of pattern -
arranged slightly differently. A Design Registration could be the
way to go - although again, someone else should be able to use
the same idea as long as the over-all impression is different.
Because you are combining two known elements the protection
available to you is weak - in that someone else can apply the same
idea as long as the result is not identical. The only exception would
be if you were to apply for a patent and were able to argue that the
combination is inventive E.g. it has a useful result.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
