Protecting Furniture Designs: Patents, Trademarks, Copyright and International Design Registrations
Furniture design is a historically and culturally rich multi-disciplinary field that blends art, engineering, marketing, and manufacturing principles to craft the objects that shape our living and working spaces.
Fortunately, the importance of protecting the intellectual property rights of the designers, inventors, artisans and engineers responsible for creating furniture designs, is largely recognized by most countries.
In this article, we'll delve into the intellectual property laws that serve as tools for protecting the unique and distinctive elements of furniture design.
From the functional aspects of patented features to the artistic expression guarded by copyright, and the brand identity encapsulated in trademarks, we'll cover the details of each approach. We'll also touch upon international design registrations, shedding light on how businesses can secure comprehensive protection for their furniture designs in the global marketplace.
1. Patent Registrations
A patent is a form of intellectual property protection granted by the government to an inventor for a limited period. In exchange for disclosing the details of the invention to the public, the government grants the inventor the exclusive right to make, use, and sell their invention.
Patents are typically granted for new and inventive products, processes, machines, or compositions of matter, and they serve to encourage innovation by providing inventors with a period of exclusivity during which they can commercialize their invention.
In the US, furniture designs can fall under two separate categories of patents protection: utility patents (covering functional inventions) and design patents (protecting ornamental designs).
Utility Patents
Utility patents can protect the functional and mechanical components of a new furniture design. For example, a unique reclining mechanism of an armchair or the height adjustment system of a standing desk could potentially qualify for a utility patent since these components involve the way the furniture functions.
One classic example is the Tulip Chair utility patent granted to Eero Saarinen in 1960 (pictured below). This patent covered 6 separate claims for the functional design of the chair, including the “integral hollow shell” seat and “single central column” support for the seat, as well as the attachment and bolt configurations that secured the seat to the column.
To qualify for a utility patent, the owner must show that the design is:
new and novel (has not been publicly disclosed or previously invented by another),
non-obvious (not obvious to someone having ordinary skill and is not an obvious combination or modification of existing designs), and
functional (must have a practical and useful purpose).
Once granted, a utility patent provides the designer the exclusive rights to the design for maximum period of 20 years from the date of filing.
Design Patents
Contrary to utility patents, design patents protect the non-functional, ornamental aspects of an object, such as the visual appearance, shapes and other unique aesthetic components of a new furniture design.
For example, in the Raymond Loewy desk design patent, granted in 1945 (pictured to the right), the designer claimed only the “ornamental design” for the desk, i.e., the simple, elegant clean lines and shapes, as protected elements.
To obtain a design patent, the owner must show that the design is:
new (not a copy of a publicly known design)
non-obvious(not obvious to someone with ordinary skill in the same field), and
ornamental (the ornamental appearance is not dictated by function alone).
Once granted, design patents give the owner exclusive rights to the design for a period of 15 years from the date of registration.
Whether its a design or utility patent, the application must be filed within 1 year of the design/invention’s public disclosure.
Utility Patent vs. Design Patent
A particular furniture design may exhibit distinctive functional and ornamental features, potentially making it eligible for both types of patents, especially when these features aren’t easily separable.
Utility patents can be complicated and expensive to obtain. It’s reported that approximately 88% of new applications are initially rejected by the United States Patent & Trademark Office (“USPTO”), and most applicants can expect up to 3 rejections before their application is allowed.
On the other hand, design patents may be simpler and less expensive than utility patents to obtain. As of the time of this article, the allowance rate for design patents is 82.5%, and of those that are allowed, 59% are allowed without any rejections.
For more information on the distinction between utility and design patents, you can review the text of the USPTO’s Examination Manual on the topic here.
2. Trademark Rights
Trademark rights refer to the branch of intellectual property law that governs the protection of symbols, names, logos, and other identifiers that distinguish goods or services in the marketplace.
The primary purpose of trademarks is to prevent consumer confusion by associating specific marks with the source of products or services, thereby helping owners build brand recognition, foster consumer trust, and promote fair competition in the marketplace.
Trademarks can be broadly categorized into two categories: traditional trademarks (symbols, words, or logos) and non-traditional trademarks (less conventional branding elements such as trade dress, sounds, colors, and scents).
As discussed below, designers can leverage trademark rights in a number of ways to protect their unique furniture designs:
Traditional Trademarks
Traditional trademarks generally refer to the names, logos and other branding elements business use to differentiate their goods and services from those of their competitors.
In the world of furniture design, designers use various strategies to distinguish their designs from competitors, including:
Source: knoll.com
Direct placement - incorporating branding on the backrest, upholstery, legs, or other visible areas where the logo can be easily seen. See Knoll’s use of its registered mark “Knoll Studio” (Reg. # 1821382) on leg of Barcelona Chair, pictured right.
Design integration - integrating the trademark into the overall design of the furniture in a way that enhances the aesthetic appeal without compromising the functionality. See Maitland Smith’s use of its trademark as part of the trunk’s design below:
Reg. # 3814156 (Canc.)
Source: maitland-smith.com
Labels & Packaging - leveraging the presence of trademarks in marketing and branding efforts.
Non-Traditional Trademarks: Trade Dress Protection
In some cases, trade dress, a category of trademark law that protects the overall appearance or commercial “look and feel” of a product, can also be used to protect furniture design.
Trade dress applies to designs that are non-functional and either inherently distinctive (unusual, memorable or fanciful) or have acquired secondary meaning.
Secondary meaning generally requires a showing that the design:
has been in substantial commercial use (as shown by marketing budgets and materials, number of sales, surveys, and the like)
the source has used the design continuously and exclusively (at least 5 years), and
is distinctive (relative to other similar products).
An example of an effective trade dress argument was raised in the Jason Scott Collection v. Trendily Furniture, LLC case. In that case, the plaintiff (“JSC”) successfully argued that the defendant infringed its trade dress rights by selling knockoff copies of their furniture designs (see sample images below).
JSC design (original)
Trendily design (knockoff)
The court agreed that JSC’s furniture designs were entitled to trade dress protection based on evidence of JCS’ longstanding and well-known presence in the high-end furniture market, continuous sales of the designs for many years, and the designs’ distinctiveness in the minds of purchasers. Consequently, the court awarded JCS prospective lost profits and attorney’s fees.
Trademark Registration
Both traditional trademarks and nontraditional trademarks can be registered with the USPTO if they meet the above-discussed requirements.
The popular furniture manufacturer Knoll, which is known for vigorously (and litigiously) defending its rights to exclusively exploit its licensed designs, provides us with examples of non-traditional trademark registrations:
Barcelona Stool
Reg. # 2894977
Womb Chair
Reg. # 5694476
Brno Chair
Reg. # 2894978
In the above examples, Knoll was been able to successfully register the mid-century designs by convincing the USPTO that consumers had come to associate them with the Knoll brand (i.e., had acquired secondary meaning).
Obtaining a trademark registration for furniture designs and associated branding can vary in ease or difficulty depending on factors, including the:
uniqueness of the mark
ability to show acquired distinctiveness, and
the potential for conflicts with existing trademarks.
Ultimately, a trademark registration, whether it’s for a traditional trademark or a non-traditional trademark, offers a number of benefits, including:
presumption of rightful ownership of the trademark
discouraging others from using similar marks,
nation-wide protection (as opposed to only local protection),
ability to register with US Customs & Border Patrol to help stop the entry of counterfeits,
showing of owner’s intent to protect their creative works from potential copycats, and
protection will last as long as the mark is in commercial use.
Since trademark protection is related to how brands are used in commerce and marketing, its application becomes increasingly important where the furniture design contributes to building a brand identity or where there is a significant investment in marketing and promoting the design.
More information about trademark benefits can be found at the USPTO’s website.
3. Copyright Protection
Copyright is legal right that protects creative works of authorship, including pictorial, graphical and sculptural works, architectural works and fabric designs.
Like design patents and trademarks, copyright can also be invoked to protect the non-functional features of a unique furniture design from unauthorized copying.
The main difference between copyright, on the one hand, and trademark or patent protection, on the other, is that copyright only protects the creator from the unauthorized use of the protected work, but will not prohibit others who have independently created same or similar designs from commercially exploiting their creations.
Another significant difference between copyright and the other types of intellectual property protections we’ve discussed so far is that copyright will only protect the pictorial or sculptural ornamentation that can be identified separately from, and is capable of existing independently of, the functional aspects of the design.
Source: Milford Law Group
For instance, the drawing pictured to the right depicts a registered design by Michael Amini’s “Villa Valencia Chair with Arms” (Reg. No. VA0001627832). This registration covers the “ornamental designs,” which include the intricate decorative carvings along the chair arms, seat and backrest, since those are capable of existing independently of the chair itself.
To qualify for copyright protection, the design must be:
fixed in a tangible medium,
sufficiently original (only requires a modicum of creativity in most cases), and
must be non-functional.
Copyright can apply automatically without registration and lasts for the lifetime of the creator, plus 70 years. A copyright registration, however, provides the additional benefits of:
presumption of rightful ownership,
allowing owner to file a copyright infringement lawsuit, and
potential recovery of statutory damages and attorney's fees for post-registration infringement.
The costs for obtaining a copyright registration is relatively low as the filing fee is only $65.
Given the relative low cost and ease of qualifying for copyright protection, a copyright registration is one of the simpler strategies furniture designers can employ to protect their unique designs.
For more on how interior design professionals can benefit from copyright protection, Copyright for Interior Design: The Essential Guide to Protecting Interior Design Projects.
4. International Design Protection
International design rights registration refers to a process where designers and creators can protect their industrial designs simultaneously in multiple countries through a centralized application procedure.
These systems simplify the process of obtaining design protection in various jurisdictions and is facilitated by international agreements. In addition, countries that may or may not be a party to a relevant international agreement will typically have their own design registration process.
Some of the international bodies providing design rights registrations include:
International - The The Hague System for the International Registration of Industrial Designs offers a way to register up to 100 industrial designs in 96 member-countries by filing a single international application.
European Union - Allows designers to apply for Community Design Protection that is valid in all EU countries for 5 years.
United Kingdom - Allows for design registrations that last up to a maximum of 25 years.
Australia - Offers design rights registrations that protect a product's overall visual appearance for a maximum of 10 years.
Generally, a design rights registration is akin to a US design patent and will involve similar qualification requirements.
While the application fees and term lengths for each country’s design registration program may differ, they each aim to provide the designer the power to protect their creative work and associated business prospects, while prohibiting others from wrongfully benefiting from the unauthorized exploitation of the protected designs.
Hence, designers aiming to venture into the international market or engage in global collaborations with manufacturing and distribution partners may find it beneficial to assess whether the respective foreign country offers protection for furniture designs and/or if pursuing an international application is a suitable option.
Overview & Final Considerations
When considering how to approach a furniture design protection strategy, a few key factors should be considered:
Types of protection: Consider the various types of available IP protection based on the nature of the design, the time is was first publicly disclosed, its position in the market and the existence of potential conflicts.
Geographical considerations: Consider the best type of protection based on your geographical presence, keeping in mind plans for expansion.
Enforcement Strategy: Develop a strategy for enforcing your intellectual property rights that includes monitoring the market for potential infringements and having a plan of action in place to address unauthorized use.
Documentation: Keep detailed records of your design process, including sketches, prototypes, and any other documentation that can serve as evidence of your original work. These records are not only important during the IP registration process, but can be critically valuable in case of legal disputes.
Budget and Resources: Consider your budget constraints and allocate resources effectively. While some intellectual property protection costs may be high (e.g., utility patents), other lower-cost options may provide some level of useful protection (e.g., copyright application).
Collaboration Agreements: Although outside the scope of this article, written agreements outlining ownership and rights (e.g., NDA’s, licensing agreements and personnel contracts) should always be considered when collaborating with others in the design process.
Given the range of available options, many designers and design businesses opt for a multi-faceted approach, combining applicable registrations with intellectual property offices in the relevant localities, with other legal strategies (e.g., written agreements with collaborators), to maximize protection for their designs.
Naturally, I encourage any furniture designer to speak with qualified counsel to determine the strategy that will work best for their particular needs.
This article is provided for general informational purposes and should not be construed as legal advice. Legal advice is specific to each situation and if you have a legal issue, you should consult a qualified attorney licensed to practice in your state. No actual or implied attorney-client relationship is created by virtue of this article or by your purchase of any products from the ID Law Shop.
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