Jewelry designs may be protectable under US intellectual property laws. Jewelry designs are generally unique and intricate works of art that require creativity, skill, and craftsmanship and can consist of a wide range of elements, including the arrangement of gemstones, the shape and form of various metals, and their overall aesthetics. There are a few possible ways of securing intellectual property protection for jewelry designs. 

Three Ways to Protect Your Jewelry Designs

Jewelry designs may be protectable under copyright law, patent law, or trade dress under trademark law.

1) Copyright 

One means of protecting your jewelry designs is under copyright law. In the US, copyright protection automatically applies to original creative works fixed in a tangible medium. This protection may apply to sketches, drawings, the item of jewelry itself, and other tangible representations of a jewelry design. Thus, once an original jewelry design is created and reproduced in a tangible form, it may be protected under copyright law. 

While copyright protection exists automatically upon creation and fixation, there are several benefits to obtaining a copyright registration for your jewelry designs by submitting an application to the US Copyright Office. 

It is important to note that copyright law only protects the aesthetic features of a jewelry design; it does not cover the functional aspects of the jewelry. For example, copyright law may protect the arrangement of gemstones, the pattern, and the overall aesthetic of the design, but it will not protect the utilitarian aspects, such as commonly shaped clasps, fasteners, or structural elements. 

2) Patent 

Another means of protecting your jewelry designs is under patent law. Ornamental, non-functional, parts of an item of jewelry may be eligible for design patent protection. This includes the visual components that enhance the aesthetic appeal of a piece of jewelry, such as the shape, surface patterns, and general aesthetic appeal. You can learn more about design patent protection for jewelry designs here.

Functional aspects of a jewelry design may be eligible for utility patent protection. For example, a jewelry design with interchangeable settings and charms.

To obtain patent protection, regardless of whether you seek design patent protection or utility patent protection your jewelry design or its functionality must be novel and non-obvious. 

3) Trade Dress

Another means of protecting your jewelry designs is as a trade dress under trademark law. Trade dress protects the distinctive and non-functional aspects of a product’s appearance, packaging, or overall presentation. It may encompass everything from the shape, color, and design of a product to the décor, ambiance, and layout of a store where it is sold. Trade dress protection primarily serves as source identification. You can learn more about trade dress protection here.

With regard to jewelry designs, trade dress may protect elements such as the unique design of the jewelry packaging or any other non-functional visual aspects that make a brand’s jewelry presentation distinguishable from competitors. Trade dress would allow customers to recognize a particular jewelry brand or designer based on distinctive visual elements associated with their products.

To qualify for trade dress protection, the design elements must be distinctive and not merely functional. The particular jewelry designs or packaging must serve to identify its source. In some instances, in order to protect a jewelry design as trade dress it must be shown that consumers readily recognize the trade dress as the source identifier.

A New York City Intellectual Property Attorney Can Help 

It is important to remember that these different types of protections are not mutually exclusive. A single jewelry design could be protected by various means allowing for multiple enforcement options.

Grant Attorneys at Law PLLC is experienced in helping secure protection for jewelry designs.