U.S. Copyright and Design Patent Registration for Trademarks: 1840–1870

Building on historical traditions for registering various types of marks with guilds and courts, some marketers filed to register some aspects of their promotional materials as copyrights or design patents when such registrations became available. In the U.S. and probably other countries, these efforts typically were resisted by the government. This chapter examines copyright and design registration from the perspective of marketers seeking to register brand identifiers and is based on Petty 2012a). Registration of trademarks per se is explored in the following chapter.