A design mark is a type of trademark, which contains design elements, and which is used in commerce to identify the goods or services of one party, and to indicate the source of those goods or services. Design marks can contain words, but not all do. The Nike swoosh is an example of a design mark, as is the Apple Computer apple – they are both symbols which are readily associated with specific brands. They identify the source of goods. A design mark can consist of stylized letters and colors, such as the multicolored Google mark.
Whether or not to apply for a design mark depends on a number of factors, including budget and the landscape of existing trademarks. For strategic reasons, it may make more sense to file for a design mark in one situation, but a word mark in another. An experienced trademark attorney can assist you to structure your filing to gain the maximum protection for your design marks.
