How can I protect my unique accessory design without a patent?

Full question:

I have designed an accessory part for a existing product on the market. This is a low sales volume of 400 units over a few years. The design is unique only for this application and can copied. Other than a patent, how can I protect this design? The item will sell for $90/120.00.

• Category: Intellectual Property
• Date: 04/07/2025
• State: Illinois

Answer:

To protect your unique accessory design without a patent, consider the following options:

1. Licensing Agreement: A licensing agreement allows you to grant another party (the licensee) the rights to produce and sell your accessory. This contract typically covers aspects such as exclusivity, financial arrangements (like royalties), and quality control. Royalties usually range from six to ten percent of sales.

2. Confidentiality and Non-Disclosure Agreements (NDAs): Use NDAs to ensure that anyone receiving information about your design must keep it confidential. These agreements can prevent others from disclosing your design or competing against your business.

3. Trademarks: If your accessory has a unique name or logo, consider registering a trademark. This can help protect your brand identity and prevent others from using similar marks.

4. Trade Dress: If your accessory has a distinctive look or packaging, you may be able to protect it under trade dress laws, which safeguard the visual appearance of a product.

5. Keep Detailed Records: Document your design process, including sketches, prototypes, and communications. This can help establish ownership and the originality of your design.

While these methods can help protect your design, consulting with a legal professional is advisable to determine the best approach for your situation.