What is the difference between a trademark and a design patent?
A trademark is a distinctive symbol, phrase, or other device that is used to identify a particular product or service from that of other producers. In Indiana, trademarks are protected under the federal Lanham Act, which is a type of intellectual property law. A trademark can be a word, slogan, logo, symbol, or other device that is used to identify a business or product. Trademarks help consumers distinguish the product or service of a particular company from that of other producers. A design patent is a type of patent that covers the ornamental appearance of an invention. Unlike a trademark, it covers the appearance, shape, and structure of a product. A design patent gives the inventor exclusive rights to the shape, pattern, or design of the product. This type of patent is often used to protect the appearance of a product and prevent others from copying it. In Indiana, both trademarks and design patents are forms of intellectual property that can be used to protect the rights of businesses and inventors. A trademark protects the name, logo, and other symbols used by a business to identify its products and services, while a design patent protects the aesthetics and shape of a product. Both forms of IP protect the rights of businesses and inventors in Indiana.
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