Can Product Design Be Trademarked?

Product design can be a great way to distinguish one company’s products from another. Design elements such as shape, pattern, color, and overall aesthetic can often become associated with a specific brand or product.

For this reason, many companies seek to protect their designs through trademarking.

Trademarks are typically granted for logos, slogans and other elements of branding that are used to represent a company. However, in some cases product designs can also be trademarked – as long as they meet certain criteria.

In order for a product design to be trademarked, it must meet the requirements of being distinctive and unique compared to other designs. Additionally, the design must be able to identify the product as originating from a particular company.

If these criteria are met, then the company is able to register the design with the US Patent & Trademark Office (USPTO). Upon registration they will receive protection against other companies who attempt to copy or imitate their design without permission. This allows them to prevent others from using their product designs without permission or without giving credit where it’s due.

In some cases, companies may also choose to seek copyright protection for their product designs if they feel that they meet the criteria for copyrightability. Copyright law provides additional protections against copying or unauthorized use of a work that is considered “original” and “creative” – two terms which may apply in certain instances when it comes to product design.


In conclusion, product design can indeed be trademarked if it meets certain criteria set forth by the USPTO. Additionally, companies may also choose to seek copyright protection for their designs if they believe them to be original and creative works of art. Ultimately though, it is up to each individual company whether or not they want to pursue these forms of protection for their designs in order to protect them from potential infringement by other companies.