EU Design vs Trademark: What's the Difference?
Understanding the Difference Between Two Essential Intellectual Property Rights
When launching a new business or product, protecting your intellectual property should be one of your first priorities. However, many entrepreneurs are unsure whether they need a trademark, a registered design, or both.
Although trademarks and designs are often mentioned together, they protect completely different aspects of a business.
A trademark protects your brand identity, while a registered design protects the appearance of your product.
Understanding this distinction can help you choose the right protection strategy and avoid costly mistakes.
Why This Difference Matters
Many businesses spend considerable time developing:
- a memorable company name
- an attractive logo
- distinctive product packaging
- innovative product shapes
- unique visual branding
Each of these assets may require a different type of intellectual property protection.
Registering only a trademark may leave your product design unprotected.
Likewise, registering only a design does not protect your brand name.
For many businesses, both rights complement each other.
What Does a Trademark Protect?
A trademark identifies the commercial origin of goods or services.
Its primary purpose is to distinguish one company’s products from those of competitors.
A trademark may protect:
- company names
- product names
- logos
- slogans
- combinations of words and graphics
Examples include:
- NIKE®
- IKEA®
- Spotify®
When customers recognize a brand, they associate it with a particular business. Trademark registration gives the owner exclusive rights to use that mark for the registered goods and services.
What Does a Registered Design Protect?
A registered design protects how a product looks, rather than what it is called.
Protection may cover:
- shape
- contours
- colours
- ornamentation
- texture
- surface decoration
- overall appearance
Examples include:
- the shape of a chair
- a distinctive perfume bottle
- smartphone housing
- packaging
- furniture
- lighting products
- household appliances
If another company produces a product creating the same overall impression, a registered design may allow the owner to stop that use.
Simple Example
Imagine you develop a premium coffee machine.
The brand name – CoffeeMaster may be protected as a trademark.
The unique shape of the coffee machine may be protected as a registered design.
The company logo is also protected by trademark registration.
All three intellectual property rights work together.
Can You Register Both?
Absolutely.
In fact, many successful businesses register both trademarks and designs.
For example:
Trademark protects:
- company name
- product name
- logo
Registered Design protects:
- product appearance
- packaging
- decorative elements
Together they provide much stronger protection than relying on only one right.
Which Protection Lasts Longer?
Trademark:
A trademark is initially registered for 10 years.
It can be renewed every ten years indefinitely, provided renewal fees are paid and the trademark remains in genuine use.
Some trademarks have therefore remained protected for many decades.
Registered Design:
An EU registered design is initially valid for five years.
It may be renewed every five years up to a maximum of 25 years.
After that period, the design enters the public domain.
Which Is Easier to Obtain?
EU Trademark:
The European Union Intellectual Property Office examines whether:
- the trademark is distinctive
- it is descriptive
- it complies with legal requirements
Third parties may later oppose the application based on earlier rights.
EU Registered Design:
The EUIPO mainly examines formal requirements.
It does not examine novelty or individual character before registration.
This makes design registration relatively fast.
However, the validity of the design may later be challenged if it was not new or lacked individual character
Comparison table
| Feature | EU Trademark | EU Registered Design |
|---|---|---|
| Protects | Brand identity | Product appearance |
| Duration | 10 years (renewable indefinitely) | Up to 25 years |
| Office | EUIPO | EUIPO |
| Official fee | €850 (1 class) | €350 (1 design) |
| Examination | Distinctiveness, formalities | Mainly formalities |
| Best for | Names, logos, slogans | Shapes, packaging, products |
Should You Register a Trademark or a Design First?
There is no universal answer.
It depends on what creates value for your business.
Consider registering a trademark first if:
- your brand name is your main asset
- you are launching services
- your products may change appearance over time
Consider registering a design first if:
- your product has a unique appearance
- visual design is a major selling point
- competitors could easily copy the product
In many cases, businesses benefit from filing both.
Why Professional Advice Matters
Although both procedures appear straightforward, the most important decisions are made before filing.
For trademarks:
- choosing a registrable name
- preparing the specification
- checking earlier rights
For designs:
- selecting appropriate views
- determining what should be protected
- preparing compliant images
Mistakes made before filing can significantly reduce the value of the registration.
Professional guidance helps businesses obtain the broadest possible protection while avoiding unnecessary risks.
Why Choose MyTrademarkPartner?
MyTrademarkPartner was created to make trademark registration simple, transparent, and affordable for businesses worldwide.
Today, we also assist clients with EU design registration through our trusted network of experienced intellectual property attorneys.
Whether you are protecting your brand, your product design, or both, we can help you prepare and file your applications professionally.
Final Thoughts
Trademarks and registered designs serve different purposes, but together they provide comprehensive protection for your business.
A trademark protects who you are.
A registered design protects what your product looks like.
If your business invests in both branding and product development, protecting both assets is often the most effective long-term strategy.
Whether you are launching a new startup, introducing an innovative product, or expanding internationally, taking the right intellectual property steps today can protect your competitive advantage for years to come.
Ready to Register Your Trademark?
You don’t need to overpay for legal help – and you don’t need to figure it all out alone. Just tell us where you need protection, and we’ll take care of the rest.