Trademark protection can protect your designs and logos. Find out how to get started with this easy-to-follow explanation of how the registration process works, how much it costs, and how long it takes.
What would you like to protect?
updated September 1, 2023 · 3min read
There are several ways to protect your intellectual property rights to a design. Your design may be eligible for trademark protection, copyright protection, or patent protection, depending on the type of design and the way it is used.
Your design might be eligible for more than one kind of protection. For example, over the years, the Coca-Cola Company has obtained both design patents and trademarks for its bottle design. Your company logo might be eligible for both copyright and trademark protection.
Many types of designs can be trademarked, including:
However, in order to be eligible for trademark protection, a design must meet USPTO standards for uniqueness. You cannot trademark a design that is too generic. In addition, your design cannot be confusingly similar to another design that is already trademarked or for which there is a pending trademark application.
You can register a design with the USPTO by using the online Trademark Electronic Application System (TEAS) or use an online trademark service. The process for registering a design trademark is the same as for any other type of trademark, but there are some issues to be aware of:
If you have a design you want to protect, LegalZoom can help. Our Design Patent service includes review, advice and suggestions by a USPTO registered patent attorney or agent, professional drawings, technical illustrations and electronic filing of your application. For an additional fee, you can get a comprehensive patent search.
by Jane Haskins, Esq.
Jane Haskins is a freelance writer who practiced law for 20 years. Jane has litigated a wide variety of business disp...
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