How should trademarks be used in design patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The use of trademarks in design patent applications is permitted under limited circumstances. Here are the key guidelines:

1. In the specification: Limited use is allowed. Refer to MPEP § 608.01(v) for specific guidelines.
2. In the title: It is improper to use a trademark alone or with the word “type” in the title of a design. Examiners will object to this and require its deletion.
3. In drawings: If a trademark is used in the drawing disclosure, the specification must include a statement before the claim that identifies:
   • The trademark material forming part of the claimed design
   • The name of the registered trademark owner

Additionally, any use of a trademark in a derogatory manner in a design application is prohibited and will result in a rejection of the claim under 35 U.S.C. 171 as being offensive and improper subject matter for design patent protection.