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

Trademarks and design patents are different types of intellectual property protection offered in the state of New York. Trademarks protect words, names, and symbols that uniquely identify a product or service whereas design patents protect the ornamental designs of a product (the physical shape and appearance). Trademarks are symbols, words, logos, phrases, or a combination of all of these that are legally created and used to identify and distinguish the goods and services of one business from the goods and services of another. For example, a company’s logo, slogan, or distinctive packaging can be trademarked to prevent others from using them without permission. Design patents are exclusive rights that are granted to creators of unique and ornamental designs for a product. The patent grants the designer the exclusive right to prevent others from using the exact design strategically. Design patents give designers a wide range of protection. They protect the physical shape, configuration, and appearance of a product, not the functionality of the product. In conclusion, trademarks are words, names, and symbols that identify a product or service, while design patents protect the ornamental designs of the product. Both forms of intellectual property protection are legally recognizable and enforceable in the state of New York.

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