¶ 15.55. A design patent and a trademark may be obtained on the same subject matter.
To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, using the Trademark Electronic Application System (TEAS), an online trademark filing service, or you can submit a paper application.
Patents can only be obtained in the United States through an application to the federal government. Copyrights, trade- marks, and service marks may be obtained through tangible expression and/or use, but federal registration of these IP types provides additional protections.
Trademarks, patents, and copyrights are different types of intellectual property. The USPTO grants patents and registers trademarks. The U.S. Copyright Office at the Library of Congress registers copyrights. Use the IP Identifier to learn what kind of intellectual property you have.