Trademarks and Design Registration are two intrinsic parts of Intellectual Property. Intellectual Property is something that is the creation of the human mind. In the growing world of technology and modernization protection of intellectual property is very necessary to get success in the respective field. Intellectual Property includes trademark registration, design registration, copyright GI, etc. As trademarks and design are also part of Intellectual Property, their protection is most needed. Commonly it is believed that both trademark and design registration are the same but it’s not like that. This blog will clarify the difference between trademarks and design registration. As a professional, we always suggest taking Trademarks and Design Registration for better protection against their infringement.
Trademark Registration Under Trademark Act, 1999
As per Section 2(zb) of the Trademark Act, 1999, “trademark” means a mark capable of being represented graphically and that can distinguish the goods or services of one person from others. It includes the shape of goods, packaging, and combination of colors of goods, letters, words, phrases, etc.
There is another word that is used in the Trademark Act,1999 and it is “well-known trademark”. Well known trademark means a mark that has become well known to the substantial segment of the public which uses such goods or services that the use of such a mark in relation to other goods or services becomes impossible. As an illustration, products such as Starbucks coffee and the Apple iPhone serve as examples.
Design Registration Under Design Act, 2000
Word design has been described under Section 2(d) of the Design Act, 2000. Here “Design” means the way something looks, its shape, how it’s put together, the patterns or decorations on it, or even the lines and colors that are used on it. It can be done by hand, machines, or chemicals, either separately or all together, and are judged solely by the eye. This design can be flat or have a 3D shape, or even both. It is equally important to know that it does not include processes like how something is manufactured or anything which is a mere mechanical device.
The exceptions to design registration are trademarks as defined by section 2(1)(v) of the Trade and Merchandise Marks Act, 1958, property marks as defined by section 479 of the Indian Penal Code, and any artistic work as defined by section 2(c) of the Copyright Act, 1957. As a result, they are ineligible for protection under the 2000 Design Act.
What is the difference Between Trademarks and Design Registration?
Brand, logo, word, phrase, sound or mark that represents goods or services provided by an entity or an individual is considered as a trademark, whereas features of shape, pattern, or ornamentation that are applied to an article for making it appealing will be considered as design. Trademark has nothing to do with innovation while design is incomplete without innovation. Trademark makes it easy for consumers to differentiate the goods or services of different goods and service providers who are there in the market, on the other hand, design is an innovative pattern that increases the product’s commercial value in the market between the competitors. Knowledge of the difference between trademark and design is required to understand the difference between trademarks and design registration, hence it is explained here.
Difference Between Trademarks and Design Registration
Understanding the difference between trademarks and design registration will help you to find out which IP protection will be suitable for which kind of business. Trademark and design are two different Intellectual Properties governed by two different laws that are Trademark Act 1999 and Design Act, 2000. Understanding the difference between trademarks and design registration is necessary because many time both of them seems similar. Let us understand the difference between trademarks and design registration in detail with the help of the below table:
| S.No. | Trademark Registration | Design Registration | |
| 1 | Trademark Registration protects the emblem of the firm. | Design Registration is for the protection of product design. | |
| 2 | Trademark Registration is regulated by Trademark Act, 1999 | Design Registration is regulated by Design Act, 2000 | |
| 3 | Trademark Registration provides protection to a brand, logo, word, phrase, or sound mark that represents goods or services provided by an entity or an individual. | Design Registration protects features of shape, pattern, or ornamentation that are applied to an article for making it appealing | |
| 4 | Evaluation of the Trademark Registration application is done on the basis of the uniqueness and class of the mark. | Evaluation of the Design Registration application is done on the basis of the design’s attractiveness, ingenuity, and originality. | |
| 5 | Trademark registry has the authority to provide Trademark Registration. | The Patent office has the authority to provide Design Registration. | |
| 6 | Trademark Registration is initially given for 10 years and later during the time of renewal; it can get a further extension of 10 years. | Design Registration is initially given for 10 years and later during the time of renewal it can get a further extension of 5 years. | |
| 7 | Mark, word, shape, symbol, or letter that is not infringing the trademark of any other person, can get Trademark Registration under Trademark Act, 1999. | A design that lacks novelty or originality and has been made available to the public anywhere in India or in any foreign country through tangible publications, utilization, or other means before the filing date, or, if relevant, before the priority date of the registration application, and does not notably differ from established designs or a fusion of such designs, shall be ineligible for registration. Moreover, designs that involve or encompass materials of a scandalous or obscene nature will also be barred from registration. | |
With the above seven points the basic difference between trademarks and design registration is explained. This will help the individual and organization to choose the right IP protection as per the need of their business.
Conclusion
In the era of entrepreneurship intellectual property plays a very crucial role in the growth of individuals and organizations. With time these intangible assets are gaining more and more value. Trademarks and design are distinct forms of intellectual property protection. But many people are not aware of the difference between trademarks and design registration. This sometimes results in taking the wrong IP protection. Only an IP expert like StartupFino can save from such a situation. Trademarks shield brands and symbols, while design registrations safeguard the visual aspects of products. They differ in their legal frameworks, evaluation criteria, authorities granting protection, and duration. Trademarks are about differentiation, while design registrations enhance product aesthetics. Understanding the difference between trademarks and design registration is crucial for effective intellectual property protection.
