 When should you get a design patent versus a trademark? Well, first of all, they're two completely different things. A trademark identifies the source of a good or service. Typically, it might involve a name or a logo that identifies the manufacturer. A trademark protects legal rights so that consumers know who they're purchasing the product or service from. Design patents, on the other hand, protect the ornamental features for the look of your invention that's distinct from the function. So if you have an idea that has a unique look, a ornamental design, then a design patent is the right way to go. And if you come up with a catchy name, then you can get a trademark to prevent competitors from copying it and confusing your customers.