We have looked at how a patent and design pairing can provide robust IP protection, now we take a look at how designs may complement a trade mark portfolio.
Branding often sits at the forefront of a business’s IP strategy, with trade marks protecting names, slogans and logos. But designs can protect how that branding is visually presented in much broader forms.
How Designs and Trade Marks Overlap
- A trade mark may protect a brand logo.
- A registered design may protect the icon series, menu layouts, or animation sequence where that logo appears.
- Trade marks protect indications of origin.
- Designs protect innovation in appearance, even when not used as a brand identifier.
Together, they form a powerful shield for both brand recognition and aesthetic value.
Example:
An energy company launches an app with a distinctive dashboard layout, a company “mascot” icon, and energy usage animations.
- The company name and logo that appear throughout app usage can be trade marked.
- Individual dashboard layout, mascot icon and energy usage animations, without the company name/logo being incorporated, can be protected as a design.
This combination makes it more challenging for competitors to create look‑alike apps using a different brand name. Since the logo is less likely to change, the registered trade mark for this can be renewed indefinitely. Whereas, user interfaces and app designs are often refreshed over time and so the 5-year first renewal period for the registered design could be enough duration of protection before filing new design applications to any of the improved app interfaces.
The next blog is the last in this series and it will summarise the strengths of having a registered design portfolio and when to consider filing registered designs.
Don’t hesitate to speak to one of our design attorneys to discuss your design protection!
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