Can I obtain both a design patent and a trademark for the same subject matter?
Yes, it is possible to obtain both a design patent and a trademark for the same subject matter. The MPEP cites an important court decision on this matter:
“The CCPA, in In re Mogen David Wine Corp., 328 F.2d 925, 140 USPQ 575 (CCPA 1964), later reaffirmed by the same court at 372 F.2d 539, 152 USPQ 593 (CCPA 1967), held that the underlying purpose and essence of patent rights are separate and distinct from those pertaining to trademarks, and that no right accruing from one is dependent or conditioned by the right concomitant to the other.”
This means that design patent protection and trademark protection serve different purposes and can coexist for the same subject matter. Design patents protect the ornamental appearance of an article for a limited time, while trademarks protect the source-identifying aspects of a product or service indefinitely as long as they remain in use.
To learn more: