Is a trademark or an industrial design the best way to protect our products?

Question

We are a startup based in Spain producing personal entertainment and smartphone accessories with IoT connectivity. We are currently investigating the best way to protect the appearance and design of our products. If I am not mistaken, in Europe there is the option to get a trademark that is valid in all European countries. But I've also heard that there is the option of protecting our products as an industrial design. Is this the same as the trademark? If not what is the difference and what would be the best alternative for us?

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Answers: 2 public & 0 private

D1b409173f
IP Consultant

I share the opinion of Simon CHRISTIAËN and would, in principle, also recommend to apply both for a design and a three-dimensional trademark. However, those rights protect concrete appearances but not your trademark/logo itself, that is, independently of where and how it is reproduced. In this sense - and unless you have already done it, I also recommend to protect the name of your products / logo as a trademark. In any case, it would of course be better and necessary to have more detailed information in order to be able to give you a thorough assessment in this issue. Please do not hesitate to contact us in case you should have any further queries.

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