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

A trademark and a design patent are two different types of intellectual property protection. Trademarks are used to protect trademarks, logos, and other types of symbols that are used to identify a product or service from other similar products or services. A trademark can be registered with the U.S. Patent and Trademark Office and provides the owner with exclusive rights to use, reproduce, and display the trademark. In Massachusetts, a trademark must be used in commerce in order to be eligible for registration. Design patents, on the other hand, are used to protect the ornamental design of a product. A design patent protects features such as the shape, size, and surface ornamentation of a product but does not protect the function of the product. Unlike trademarks, design patents must be applied for directly with the U.S. Patent and Trademark Office. A design patent can be a valuable form of protection for manufacturers of unique products. In summary, the main difference between a trademark and a design patent is that a trademark protects the unique symbols used to identify a product or service while a design patent protects the ornamental design of a product. Both types of protection can be used to protect intellectual property in Massachusetts and other states.

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