Design Patents FAQs

A design patent protects any new and original ornamental design of an article of manufacture. A trademark protects a word or words, name, symbol or drawing that is used in commerce to distinguish one source of goods or services from another.

Put another way, a design patent would protect the physical appearance of a unique lamp you are planning to sell to the public. A trademark would protect the symbols or words you use to identify your business or brand name. This prevents public confusion over whether consumers are purchasing the lamp from you or another company.