The registration of both a trademark and a design are distinct and important things. On the surface, they appear to be the same, but in reality, they are both a form of intellectual property (IPR). You could select the best security for your intellectual property, though, if you were aware of the differences. The logo, term, name, or symbol used to identify your company is legally protected if you apply for a trademark. The design registration, on the other hand, protects the external characteristics of a company's product, such as its appearance, form, or configuration. To learn more about the key distinctions between design registration and trademark registration, scroll down.
Major Points that Differentiate
Based on Legal Protection
Trademark Registration protects intangible assets such as symbol, logo, name, or word that represents a business. The appearance of a Trademark determines its relevancy in terms of the nature of products & services and business objective provided by the company. Protection is furnished to protect the Trademark against the Act of Trademark Infringement. The owner of a Trademark can sue the defaulters according to the law in the case of Trademark Infringement. Moreover, the Trademark is required before the process of Trademark Registration.
A Design Registration focuses on protecting the Design of a specific product. Here, we are not only underlining the appearance of the products; however, we are also highlighting the functionality of the product.
A design is also concerns about some legal rights. But such rights are not as effective as a Trademark. In the end, if the definite article deviated from the documentation of the article, some legal action can be taken.
Based on Legal Rights
A Trademark owns some legal rights but, the non-registered Trademark is not left out under the statutory fraternity. To that conclusion, an unregistered Trademark is not denied under legal option and illustration.
Trademark Registration in Australia performs as a protective measure for a company’s intangible assets.
A Trademark mainly implies a logo or a mark that represents your business. It is generally found in different forms such as words, name, logo, or slogan, etc. This mark helps the user to differentiate a company’s product from the rest of the competition.
Based on the Definition
A design serves a particular intention or objective and an application. It is simply a diagrammatic representation. It is prepared by the experts. Hence, it should be innovative in nature.
A Trademark can exist in different forms, such as a name, logo, or work. In the end, it should obey the uniqueness, but it does not seek innovation.
Based on Intention
A registered mark is subjected to the norms prescribed under the Trade Mark Act, 1999. As per this Act, the mark that can appear in a graphical form and differentiate the products and services of one company from another company is eligible for Trademark Registration.
A registered design is safeguarded as per the norms under the Design Act, 2000[1]. This Act tells about the protection of pattern, configuration, shape, colours, etc. applied to any article, whether in 2 dimensions or 3 dimensions or both dimensions, through any means whether mechanical or chemical or combines, which in the finished product appeal to and judge exclusively by the eye.
Based on Subjected Act
Line that exists b/w Trademark and Design Registration is foggy
The size and shape of a product, its packaging or colour might be Trademark or Design applied to it. The difference lies with the purpose served by Design and Trademark. A Trademark may project for customer engagement or advance the commercial appeal of the product also; however, it should act as a bonding between the product’s manufacturer and the product. However, if it develops the above attributes within the line of the Act, an overlap between Trademark and Design Registration comes into the Inframe.India, parallel lawful protection can’t be requested accordingly to the present Act (Design Act and Trade Mark Act). This is because the definition of the Design put the Trademark out of the equation. But, it is much debated whether lawful protection on the design right and common law protection on a Trademark can simultaneously exist or Allnot.the remedies have to be carefully consulted with the concerned experts, and a strong strategy or plan is required to be drafted to curb the uncertainties.
The overlap between the Trademark and design right has been argued for a long
The line dividing the Trademark and Design Registration is hazy, yet these two intellectual property rights are fundamentally made up of some common qualities and have a tendency to overlap. For a better grasp of this, one should always consult with trademarking lawyers.
Conclusion
Beingtime. a part of Intellectual Property Right, this registration seeks to render the same protection, at least from a leisure point of view. While an eye-catching trade dress builds up the product’s association within its origin, an attractively designed product improves the commercial value and artistic appeal.