Key Takeaways

  • A design mark is a trademark that protects stylized text, graphics, or logos, not just words.
  • Wordmarks protect the text of a brand name, while design marks protect its visual style.
  • Choosing between a wordmark and a design mark depends on whether you want broad protection (wordmark) or protection for a specific visual identity (design mark).
  • Composite trademarks combine word and design elements, with examiners usually weighing the word portion more heavily.
  • Filing a design mark requires submitting a clear depiction of the design to the USPTO.
  • Design marks are more limited in scope than wordmarks because protection only extends to the specific design registered.

A design mark trademark is a recognizable sign, design, or expression that identifies a product or service as coming from a particular source. The owner of a trademark can be:

  • An individual.
  • A business organization.
  • A legal entity.

A trademark can be located:

  • On a package.
  • On a label.
  • On a voucher.
  • On the actual product.
  • On the company building.

What Is a Design Mark?

A design mark trademark protects the visual appearance of a brand, such as a stylized font, unique logo, or graphic symbol. Unlike a wordmark, which protects the wording regardless of how it is displayed, a design mark safeguards the specific way the words and design appear together. For example, if your business name is displayed in a distinctive script or combined with a symbol, filing as a design mark ensures others cannot use that same visual style.

Design marks are especially useful for companies that want to build brand recognition around a unique logo or stylized presentation of their name. However, because the protection is tied to the exact design filed, changes to your logo may require filing a new application.

How Design Trademarks Are Treated By Examining Attorneys

Since there are multiple differences that can occur between various design trademarks, there is a higher risk for a likelihood of confusion regarding the source. For example, a silhouette of a man and woman on a company that distributes health and beauty items is likely to be confused with a similar design on a specific health and beauty product. Sometimes any similarity of marks in the same product or service category may have a chance of being refused.

The likelihood of confusion is also the same with wordmarks. If a wordmark evokes the same image of a pictorial depiction that is already in use. An example of this was a case involving a shoe company that used a lions head silhouette with the letter L for their logo. In this instance, it was ruled to be too similar to a wordmark lion that was also used to represent a shoe company.

Pros and Cons of Design Marks

Design marks have unique advantages and limitations compared to wordmarks:

Advantages:

  • Protects the distinctive visual style of your logo or branding.
  • Helps prevent competitors from copying or imitating your brand’s look.
  • Strengthens brand identity when the design is widely recognized.

Limitations:

  • Legal protection applies only to the exact design filed. Any material changes may require a new application.
  • Narrower coverage than wordmarks, since it does not protect the wording in plain text.
  • May be harder to enforce if competitors use similar words in a different style.

Businesses often file both a wordmark and a design mark to maximize protection.

When to Choose a Design Mark

Choosing a design mark may be the right option if:

  • Your logo is the primary way customers recognize your brand.
  • The stylization of your name is central to your identity.
  • You want to protect both text and visual features in combination.

By contrast, a wordmark may be better if your main concern is stopping competitors from using your name in any form. Many companies file both, starting with a wordmark for broad protection, then adding a design mark once the logo becomes established.

Filing a Design Mark Application

When filing a design mark with the USPTO, applicants must:

  1. Submit a clear drawing of the design as it appears in commerce.
  2. Indicate the goods or services associated with the mark.
  3. Provide a written description of the design elements.

The USPTO examines the application for potential conflicts with existing marks. Since protection is limited to the design shown, it is important that the submitted image reflects how you intend to use it consistently.

Frequently Asked Questions

  1. What is the difference between a wordmark and a design mark?
    A wordmark protects the text of a brand name in any style, while a design mark protects a specific stylized version or logo.
  2. Can I trademark both a wordmark and a design mark?
    Yes. Many businesses file both for broader protection—wordmark for the name and design mark for the logo.
  3. Do I need to refile if I change my logo?
    Yes. Since design marks only cover the exact design filed, a new application is needed for significant changes.
  4. Which is stronger: a wordmark or a design mark?
    A wordmark generally offers broader protection, but a design mark is stronger for logos and brand visuals.
  5. What do I need to file a design mark application?
    You must provide a clear drawing of the design, a description of its elements, and specify the goods or services it represents.

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