Designer Foods

Design patents protect the appearance of products, which can include food products. US Class D1 is the class for design patents, populated with designs for confections, snack food, and pet treats.

U.S. Patent No. D840631 protects the appearance of Hershey’s Gold, introduced in 2017.

If consumers would care what your food product looks like, design patent is a relatively inexpensive way to protect the appearance for fifteen years, until the appearance becomes distinctive enough to qualifies for trademark protection.