How should trademarks be used in design patent applications?

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.

To learn more:

• trademark in design patent
• patent application
• USPTO guidelines
• intellectual property