Can you trademark a design [Detailed Response]

Last updated : Sept 22, 2022

Can a design be protected by copyright?

If you create original sketches of your designs, those sketches are protected by copyright law. That means that no one can copy, distribute, publicly display, etc. your sketch without your permission. However, copyright protects original expression, not ideas.

Is a design a trademark or patent?

Design patents protect the ornamental appearance of a unique looking design as applied to a product, which can be two-dimensional or three-dimensional. Design patents require registration with the USPTO whereas trademarks do not.

What is the difference between a trademark and a design?

Trademark Vs Design. A trademark means a mark that represents the goods or services provided by an entity or an individual. It can be a logo, word, etc. A design refers to only the features of a shape, pattern, or ornamentation applied to an article to have a visual appeal.

How do you know if a design is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

Is it worth registering a design?

Registered design protects the look of the whole or part of the product. This can include lines, colours shapes, textures, materials ornamentation, packaging and graphics. It can protect complex industrially produced products through to one off handicraft products.

How do I protect my design from being copied?

1. Protect Your Brand With a Trademark.
2. Protect Your Brand With a Registered Mark.
3. Protect Your Brand With a Patent.

Can trademark protect design?

Both trade marks and design rights can protect the shape, colour, and branding on products.

Can I trademark an image?

Yes, you can trademark an image with the USPTO if its used in the branding of your product (such as a logo). Otherwise, you probably want a copyright on the image.

Can a design be patented?

A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility.

Can a logo be a registered design?

Registered trade marks are often considered to be the only way to protect logos, but many companies are now using design rights together with trade marks (and, in some cases, instead of them) to protect their logos.

Is a patent and trademark the same?

What's the Difference Between Patents and Trademarks? A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Where can I trademark a design?

You can register your trademark design with the USPTO by using the online Trademark Electronic Application System or an online trademark service. The process for registering a design trademark is the same as for any other type of trademark.

Should I trademark my T-shirt design?

You should copyright your t-shirt designs and trademark your brand name and logo to protect them legally. But don't stress about copyright and trademark too early– legal protection is not necessary to start your t-shirt business, but is recommended if the funds are available. It's definitely necessary as you progress.

How much does it cost to copyright a design UK?

In the UK, the official registration cost is £50 per design (£70 for up to 10 designs). In the EU, the official registration cost is €230 (€115 for up to 10 designs). This does not include lawyers' fees or other additional expenses (such as the cost of preparing the drawings).

Why is the protection of design important?

Why is design protection important? Design registration prohibits competitors from copying the appearance of your product, giving you the exclusive right to commercialise it. It is important to note though, that to successfully protect your design, it must be new and distinctive.

How do you legally protect an original design?

There are several ways to protect your artifacts, designs, products, services and systems and these are: copyrights, trademarks, trade secrets, design registration, utility patents, industrial design rights, trade dress.

How do designers protect their designs?

Currently, in the United States, only elements of a design are protectable. Three theories of intellectual property are available to protect fashion designs: trade dress, copyright and design patents. As discussed below, each has unique requirements, benefits and challenges.

What do you do if someone copies your design?

1. Make Sure You Actually Recorded Your Idea.
2. Prove The Alleged Thief Could Have Found Your Work.
3. Discern If The Infringing Work Qualifies As A Copy.
4. Send That Cease And Desist Letter!
5. Assess Whether It's Worth It.
6. Again, Seek Legal Counsel.

How do you own rights to a design?

1. Verify copyright is the best form of protection for your design.
2. Prepare a copy of the design to be submitted electronically or mailed to the U.S. Copyright Office.

Check these related keywords for more interesting articles :
Registered trademark character code
How to check for a registered trademark
Can you trademark font
How to copyright a logo uk free
Trademark registration in dehradun
How does intellectual property protect a persons work
Trademark search guide
Intellectual property law of the philippines
How to get a business trademark
How to search trademark in usa
Trademark dilution lanham act
How to get an official trademark
Difference between trademark and copyright uk
Trademark protection on the internet
What is intellectual property in media and information literacy

Write a comment

so you come up with an awesome phrase that would be perfect for a mug a t-shirt a card or hat can you run down to the trademark office and file a trademark for that phrase that's exactly what we're going to cover in this week's episode of a skit hi I'm Tiffany Staley founder of the artist JD a place designed to add ease to the legalese of running your creative business this week's question comes to us from Jennifer in Florida she asks can a trademark a t-shirt design so we know that short phrases don't get copyright protection but we hear about all the time in the news people running to the trademark office and filing trademarks for phrases that appear on hats or t-shirts so can you do that and is it a smart thing to do before we get into that let's remember why trademarks exist trademarks exist for consumer confusion so that consumers know when they see a specific phrase that they know who's providing them that product or service so when I go to Old Navy I know that Old Navy is selling me the clothes because there's the big signage in front of the store the receipt says Old Navy the staff is walking around with Old Navy tags on their shirts that shown in tags on the clothing say Old Navy and the Hang tags say Old Navy yes there are Old Navy shirts and other pieces of clothing that say Old Navy on the front of them but just because it says Old Navy doesn't necessarily mean that I know that Old Navy is selling me that clothing now Old Navy's probably a bad example when it comes to something on the front of the shirt because it is a very well-known brand but if Old Navy and anthropology were both selling shirts that say Love Wins on the front I wouldn't assume that Love Wins is the company that's selling me the clothing I would look inside the shirt and look at the sewn in tag to figure out who the maker of the shirt was so the same exact thing applies here so if you come up with a great phrase yes you can run down to the trademark office and file a trademark application for it there's nothing that's gonna prevent you from doing that the USPTO will gladly take your money the problem is gonna arise as you go through the process of getting the trademark filing the application doesn't mean you have the trademark you still have to go through the review process and there are two parts of the review process that you might get hung up the first part is if you've already got the t-shirts and as part of your application you submit a photograph of the front of the t-shirt to say USPTO this is how I'm using the t-shirt to sell my product or service the USPTO is going to issue what's called an office action to say we don't necessarily agree with that and because that's because of the exact reason we talked about before if I see a Love Wins shirt I'm not gonna think that Love Wins is selling me the shirt I'm gonna look inside and look at that tag that Sonnen tag or that printed on tag to figure out who is making this shirt so the USPTO is going to issue an office action and say we need to see something else that proves either you know show us the sewn in tag show us the Hang tag show us your ecommerce store with this phrase as the company that's selling t-shirts show us some other proof that was created by the date that you've submitted the application in order to get your trademark so that's the first place you may run into problems the second place you may run into problems is if you file your application and you say I'm not using it yet if you file it on what's called an intent to use basis you'll make it further through the application process and once you at the end of the application process in order for your trademark to become official again you're gonna have to submit that proof and once again when you submit a photograph of the front of your t-shirt the USPTO is going to say nope sorry that doesn't cut us show us some other proof that was available on the date you said it's now available that proves that you're using it in a way that consumers are going to identify you as the seller of the t-shirt so the short version putting something on the front of a t-shirt yep you'll be able to file that application but you're not going to be able to get the registered trademark just by putting a phrase on the front of t-shirts mugs cards hats and the like instead you'll have to take it another level and make sure that your ecommerce store that the Hang tags that the Sonnen tags that the printed on tags all identify that same phrase as the person who's providing those shirts to consumers ask if we'll be back after the Thanksgiving holidays and we'll be talking about how you're going to use all of that feedback and testimonials that's amazing that you're getting from your clients and customers over this holiday season next year to sell more products got a question you want me to cover in an upcoming episode leave it in the comments below before you go make sure you check out that video above if you've got a phrase that you decide you want to use in this way it's going to talk about where you're gonna have to search to make sure another business isn't already using that phrase and if you haven't hit that subscribe button subscribe so that you can get notified each time a new episode drops thanks so much for tuning in and I'll see you soon

Thanks for your comment Trey Popowski, have a nice day.
- Jamel Rudio, Staff Member

you

Thanks Del your participation is very much appreciated
- Jamel Rudio

About the author

Jamel Rudio

I've studied sociology of religion at CUNY School of Law in Long Island City and I am an expert in climate change policy. I usually feel blank. My previous job was furniture finishers I held this position for 18 years, I love talking about lacrosse and skimboarding. Huge fan of Tom Felton I practice shuffleboard and collect prizes.