What is the difference between a trademark and a design patent?

The primary difference between a trademark and a design patent is how each is used and protected. Trademarks protect symbols, words, or logos that represent a company’s products or services. Designs patents, on the other hand, protect the design or shape of a product itself. In California, trademarks are governed by the Trademark Law, which sets out the rules and regulations for registering, protecting and enforcing trademarks. This law is designed to protect a business’s exclusive right to use their mark and obtain profitable benefit from its use. To obtain a trademark, a business must use it as a symbol, word, or logo to identify their goods or services and have it registered with the United States Patent and Trademark Office. The trademark then provides the business with exclusive rights that can be enforced against any other company using the mark in the same or a similar capacity. Design patents, on the other hand, are governed by the US Patent Laws and are used to protect the look and shape of a product. To obtain a patent for a design, the applicant must describe the design and prove that it is novel and non-obvious. Design patents provide legal protection for the product’s look, preventing other companies from copying the design and profiting from it. In conclusion, trademarks protect symbols, words, and logos that identify a company’s goods or services and are regulated by the Trademark Law. In comparison, design patents protect the shape of a product and are regulated by the US Patent Laws. These two forms of intellectual property provide businesses with exclusive rights that can be enforced against other parties.

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What is the difference between a trademark and a design patent?

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