Can You Trademark Product Design?

Protecting the design of a product can be as important as protecting an invention itself. When it comes to product design, many creators wonder if they can trademark it. The answer is: yes, you can trademark product design.

Trademark law protects things like brand names, logos, and slogans. It also protects visual designs or features that make a product distinct from those of competitors.

A valid trademark must have the purpose of identifying the source of a good or service in order to distinguish it from other sources. This applies to product designs, which can be protected under trademark law if they meet certain criteria.

The U.S. Patent and Trademark Office (USPTO) requires that any product design must be non-functional in order to qualify for protection as a trademark. That means that the design must have no practical purpose other than distinguishing one company’s products from another’s. For example, if a company created a unique look for its phones with curved edges, those curved edges would qualify for protection as a trademark because they are not necessary for the phone’s functionality.

The design also needs to be distinctive enough to be recognized and associated with the company’s brand in order for it to qualify for protection as a trademark. This means that the design must stand out from other similar products on the market and be recognizable enough that consumers associate it with your company and products.

In conclusion, trademarks are an important way of protecting your company’s intellectual property rights when it comes to product design and innovation. With the right steps, you can protect your creative work with trademarks so that others cannot copy or use them without permission. If your product designs meet the USPTO’s criteria for uniqueness and recognition, you may be able to secure legal protection through trademarks so that others cannot unfairly benefit from your hard work and creativity.