Trademark vs. registered design: key differences & when to use both

Trademark vs. registered design: key differences & when to use both

Business owners who care about protecting their brand or product often face a fundamental question: should they register a trademark or a registered (industrial) design? Or is it worth pursuing both at the same time?

In this article, we explain the key differences between these two forms of IP protection, when it makes sense to combine them, and how PATENTBOX — as an experienced patent and trademark attorney firm — can help you effectively safeguard your brand and design.

What is a trademark?

A trademark is a sign used to distinguish the goods or services of one business from those of its competitors. Its primary function is to indicate the commercial origin of a product — in other words, it tells the consumer: “This is the brand you know and trust.”

The vast majority of trademark applications cover so-called traditional marks: word marks (brand names), logotypes, and graphic symbols. Beyond these, there is also a fascinating category of non-traditional marks — protecting colours, sounds, and even scents. Notably, a three-dimensional product shape can also qualify as a trademark, although IP offices grant such protection relatively rarely, as strict legal requirements must be met. See examples of different types of trademarks.

A registered trademark is granted for an initial period of 10 years from the filing date, with the possibility of unlimited renewal for successive 10-year periods. This means that a successfully registered company logo can be protected indefinitely — provided renewal fees are paid regularly and the mark is genuinely used in commerce.

What is a registered design?

A registered (industrial) design protects the outward appearance of a product — its shape, lines, contours, colours, texture, or ornamentation. It is often said that a registered design is “the skin that clothes the technology.” Design protection does not cover technical solutions (that is the domain of patents and utility models) — it protects exclusively what is visible.

A registered design can cover both three-dimensional products (furniture, bottles, toys, footwear) and two-dimensional works — logotypes, app icons, and typefaces. This flexibility is precisely why registered designs are becoming an increasingly popular IP tool for businesses of all sizes.

A registered design can be protected for a maximum of 25 years from the filing date, provided that renewal fees are paid every 5 years.

Under applicable law, a registered design must be new — meaning, as a rule, not disclosed to the public before the filing date — and must possess individual character, meaning that it produces a different overall impression on the informed user compared to previously known designs, differing from them by more than just insignificant details.

A design meets the novelty requirement if, before the filing date:

• it was not publicly disclosed by the applicant themselves more than 12 months prior to the filing date;
• it was not previously made public by any third party — ever — even in a form only slightly different from the design being filed.

Registration of a design that does not meet these conditions is possible but remains vulnerable to invalidation — which in practice undermines its value in infringement proceedings.

Registered design vs. utility model — an important distinction

Many business owners confuse a registered (industrial) design with a utility model. These are two entirely different legal instruments. A utility model registration protects a technical solution relating to the shape or structure of an object that serves a specific functional purpose. A registered design, by contrast, covers exclusively the aesthetic appearance of the product — what it looks like, not how it works.

Importantly, a single product can benefit from both forms of protection simultaneously: a registered design safeguards its appearance, while a utility model protects the technical solution embedded in it. A qualified trademark attorney can help assess which form of protection — or which combination — is most appropriate in a given situation.

Logo registration: trademark or registered design?

Many of our clients come to us with a question about protecting their logo — or more broadly, about registering their company logo as IP. The answer is not straightforward, because both options have their advantages and limitations.

It is worth noting that registered designs protect the appearance of a logo regardless of the industry in which it is used. Trademarks, by contrast, are limited to specific goods and services.

Paradoxically, however, registering a logo as a trademark provides broader protection:

• Registering a logotype as a registered design only protects against slavish imitation. This means that someone will infringe your design right only if they copy your logo virtually 1:1.
• Infringement of a trademark-protected logotype also occurs when someone uses a confusingly similar logo — even for similar (not necessarily identical) goods or services — if there is a likelihood of confusion, i.e., if consumers might believe that the goods or services bearing that logo originate from you or from a company associated with you.
• If the logo includes a word or phrase with distinctive character, only trademark registration provides a monopoly over that word or phrase — within your field of business.
• A registered design protects only the “image” of the logotype — as a graphic. The protection does not extend to any words appearing in that image.

Trademark vs. registered design: which is better?

When to choose a trademark for logo protection

• When you need protection that is unlimited in duration
• When the logo contains a distinctive name or wordmark that you want to protect
• When you want to block competitors from using not only an identical logo but also confusingly similar logos and signs in the same field

When to consider a registered design for logo protection

• When you need fast protection — at the EUIPO, a European Union design can be registered in as little as 10–14 days
• When the IP office has refused to register your logo as a trademark due to lack of distinctiveness or descriptiveness
• When your logo has multiple colour variants or layouts (portrait, landscape, icon/badge version), and you want to protect them all at low cost — registering several designs in a single application is significantly cheaper than filing individual trademark applications

“Patent for a logo”? What you’re really looking for

Many people type “patent for a logo” into a search engine. This is understandable — in everyday language, the word “patent” is often used as a synonym for any form of formal IP protection. In legal reality, a logo cannot be protected by a patent (which is reserved for technical inventions), but it can be effectively protected:

• as a trademark — protecting both the graphic and the company name,
• as a registered design — protecting the visual appearance and design of the logotype,
• by copyright — which arises automatically for the creator without registration, though it is significantly harder to enforce than registered trademark or design rights.

PATENTBOX patent and IP law firm advises clients on how to select the right legal tools for their specific situation.

Trademark vs. registered design: side-by-side comparison

Combined strategy: maximum brand protection

The most effective business owners do not choose between a trademark and a registered design — they use both simultaneously. A typical strategic approach looks like this:

1. The brand name, primary logo, and icon/badge are filed as trademarks — providing long-term, renewable protection for the brand including its verbal layer.
2. Colour variants of the logotype are registered as European Union designs at the EUIPO — quickly, cost-effectively, and without the risk of opposition proceedings.
3. Key 3D products are covered by registered designs, and where they incorporate technical solutions — by utility models or patents.

This multi-layered protection of both design and brand makes it harder for competitors to attack and builds a strong position in intellectual property disputes.

Trademark & design registration at PATENTBOX

At PATENTBOX IP law firm, we offer comprehensive services covering both trademark registration and registered design protection — in Poland (UPRP), in the European Union (EUIPO), and in other jurisdictions worldwide.

Our experienced patent and trademark attorneys will advise you on which form of design or brand protection is most effective for your specific case.

If your business is a European Union micro, small, or medium-sized enterprise, we encourage you to take advantage of the SME Fund, which can reduce the official fees for logo registration by up to 75%. You can read more about how to apply for this grant here.

Contact us and ask about our services for registering your logo!

FAQ – Frequently Asked Questions

Can a company logo be registered as an industrial/registered design?
Yes. A logo, icon, or app symbol is a two-dimensional work that meets the definition of a registered design. The conditions for successful registration are novelty and individual character.

What is the difference between a registered design and a utility model?
A registered design protects the external appearance of a product (its design/aesthetics), while a utility model covers technical solutions relating to the shape or structure of an object. A single product can benefit from both forms of protection simultaneously.

Does registering a trademark and a registered design exclude each other?
No — quite the opposite. Both forms of protection complement each other perfectly. The brand name, primary logo, and icon are best protected as trademarks, while logo variants — and above all, the visual design of the product itself — are ideally suited for registered design protection.

How long does it take to register a design at the EUIPO?
For a correctly filed application, the EUIPO typically issues a certificate of registration within approximately 10–14 days.

How should I protect my logo if it has multiple versions?
The most cost-effective strategy is to register the core elements as trademarks: a word mark, the primary logo, and the icon/badge. If you also want to cover additional logo variants, register them as registered designs at the EUIPO. Bear in mind that designs must be novel at the time of filing! This approach is faster and cheaper than registering each variant as a separate trademark.

This article is for informational purposes only and does not constitute legal advice. For personalised advice on protecting your brand or design, please contact a qualified patent or trademark attorney.