What Is The Difference Between A Trademark And A Design?

In Indian intellectual property law, both trademarks and designs are forms of protection granted to creators, but they serve different purposes and have distinct legal characteristics. While a trademark is primarily used to protect brand identity, a design protects the visual and aesthetic aspects of a product.

Key Differences Between a Trademark and a Design:

Purpose:

• Trademark: A trademark is a symbol, word, phrase, logo, or combination of these that identifies and distinguishes goods or services from others in the marketplace. Its primary purpose is to protect the brand identity of a business or product, helping consumers recognize the source of goods and services.
• Design: A design refers to the visual and aesthetic aspects of a product, such as its shape, form, pattern, or ornamentation. Its purpose is to protect the appearance of a product, ensuring that its unique visual features are not copied.

Scope of Protection:

• Trademark Protection: Trademarks protect elements such as logos, brand names, words, symbols, or other distinctive identifiers that help consumers distinguish one company’s products from another’s. They focus on branding and source identification rather than the product’s look or feel.
• Design Protection: Designs protect the aesthetic appearance of an object, including the shape, configuration, ornamentation, or pattern applied to a product. The protection is focused on the visual appeal rather than the functional or branding aspects of the product.

Registration Process:

• Trademark: To register a trademark, the applicant must submit an application with the Trademarks Registry under the Trade Marks Act, 1999. The trademark must be distinctive and capable of distinguishing the goods or services of one entity from another.
• Design: To register a design, the applicant must submit an application to the Design Office under the Design Act, 2000. The design must be novel and original, and it should have aesthetic value. The application must include a representation or a drawing of the design.

Duration of Protection:

• Trademark: Once registered, a trademark is protected for 10 years, with the option to renew it indefinitely in periods of 10 years. This allows a trademark to provide perpetual protection as long as it remains in use.
• Design: A design is initially protected for 10 years from the date of registration, with the possibility of renewing it for an additional 5 years. After this period, the protection expires, and the design enters the public domain.

Nature of Protection:

• Trademark: Protection is granted to ensure that no other entity can use a confusingly similar mark that may cause consumer confusion or harm the distinctiveness of the brand. Trademarks protect branding and identity rather than the physical attributes of the product.
• Design: Protection for designs ensures that the visual appearance of a product remains unique. It prevents others from copying the visual characteristics of a product but does not cover its functionality or technical aspects.

Infringement and Enforcement:

• Trademark Infringement: A trademark is infringed when a similar mark is used for the same or related goods or services in a way that is likely to confuse consumers or damage the brand’s reputation.
• Design Infringement: A design is infringed when another party copies the visual aspects of the registered design or creates a product with a design that is substantially similar to the registered one.

Example:

• Trademark Example: The Nike Swoosh logo or the Apple wordmark are trademarks. These symbols help consumers identify products from Nike and Apple.
• Design Example: The unique shape of an iPhone or the pattern on a designer watch can be registered as designs, as they protect the visual elements rather than the brand.

Conclusion:

While both trademarks and designs are forms of protection under intellectual property law in India, they serve different purposes. A trademark is focused on protecting brand identity and ensuring consumers can identify the source of goods or services, while a design is aimed at protecting the visual appearance of a product. Their scope, duration, and protection vary, and understanding these differences is important for businesses and creators seeking to protect their intellectual property effectively.