Difference between Trademark and Design Registration

By Trademark Bazaar - 21st September 2017

Difference between Trademark and Design Registration

Design registration gives protection to only the physical appearance of the product while trademark registration provides the shield to the logo, slogan, symbol, brand name etc of the product or service.

Both design registration and trademark registrations are the intellectual property rights. However for registration design applied shall be both innovative and new whereas the trademark is not required to be innovative and it should just be unique.

In order to obtain design registration, the design should be-

•    New and original

•    should be significantly different from well-known designs or combination

•    Is not obscene or scandalous

•    Should not have been disclosed to the public anywhere. 

Difference between the Trademark registration and design registration are as follows-

Meaning

Design means only the physical features of shape, configuration, pattern or ornament or composition of lines or color or the combination thereof applied to any good.

Trademark is the unique mark that uniquely distinguishes the goods and services of one person from another. It basically indicates the source of product or service. Further, it includes registration of slogan, brand name, color combinations, logo etc.

Regulating Act

Design registration is governed by Design Act 2000.

Trademark registration is governed by Trademark Act 1999.

Term of use

A Trademark protection once obtained is valid for the time period of 10 years and after that, it can be renewed for an additional period of 10 years.

Design protection also lasts for 10 years but it can be renewed only for the period of 5 years. After the lapse of the stated period, the design becomes the public property and it can be used by anyone.

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