Protection of Designs Law and Legal Definition

Drawings or designs can be protected as a trademark when the drawing or design is used as a trademark. Generally, if the design is an accurate or realistic portrayal of the goods or services that the mark serves to identify, then the mark is considered as descriptive, and it will receives no protection unless the owner can demonstrate secondary meaning. However, if the picture deviates from the underlying goods or services, then the design will be viewed as distinctive, and can receive protection. Common components such as basic geometric figures, stripes or even flowers can be seen as lacking distinctiveness unless the owner can demonstrate a secondary meaning.