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

A trademark and a design patent have many differences. A trademark is a word, phrase, logo, symbol, or design that identifies and distinguishes the goods and services of one company from those of another. A design patent protects the shape or ornamental design of an object. Trademarks are typically registered with the U.S. Patent and Trademark Office (USPTO), and are regulated by state and federal trademark law. Trademarks are used to help consumers easily identify the source of goods and services. For example, the Nike Swoosh symbol is a registered trademark, and it helps customers to quickly recognize and identify Nike products. Design patents, however, protect the ornamental design of an object. Unlike trademarks which are used to identify a product, design patents protect the physical appearance and aesthetic qualities of an object. Design patents are typically registered with the USPTO, and are regulated by federal patent law. In the state of Maryland, companies are obligated to register their trademarks with the USPTO in order to protect them under federal and state trademark law. Likewise, companies in Maryland must register their design patents with the USPTO in order to protect them under federal patent law.

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