What is a design trademark? - Miller IP

What is a design trademark?

A design trademark is a type of intellectual property that protects the unique visual design of a product or service. This includes any combination of shapes, colors, patterns, and images that are used to identify and distinguish a brand from others in the marketplace.

Design trademarks are also known as "trade dress" and are a valuable tool for businesses looking to protect the visual appearance of their products or services. Design trademarks are often used to protect logos, packaging, and product design.

To be eligible for a design trademark, the design must be distinctive and non-functional. This means that the design must be unique and not commonly used in the industry, and it cannot serve a functional purpose beyond just identifying the source of the product or service.

To obtain a design trademark, you must file an application with the United States Patent and Trademark Office (USPTO). The application should include a clear and accurate representation of the design and a description of how the design is used in commerce. It's important to note that design trademarks are classified under a specific category of goods or services, so it's essential to choose the appropriate category for your product or service.

Once your application is filed, it will be reviewed by a USPTO examiner to determine if the design is eligible for trademark protection. The examiner will also review other trademark applications to ensure that your design does not infringe on an existing trademark.

If your design trademark application is approved, you will receive a certificate of registration. This certificate will allow you to use the design in connection with your product or service and give you the right to prevent others from using a similar design that may cause confusion in the marketplace.

Design trademarks are an essential tool for businesses looking to protect their unique visual identity. By registering a design trademark, businesses can ensure that their brand is protected and that competitors cannot use similar designs to confuse customers or damage their reputation. If you're considering registering a design trademark, it's recommended to work with a trademark attorney to ensure that your application is filed correctly and that your design is protected.

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  • I Need help trademarking a design .. never done this

    William Livingston on

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