Trademark is a word, sign, logo or an expression which identifies a particular brand. Trademark is an intellectual property. It is a unique signature adopted by company or business to adopt. Trademark provides an exclusive right to the owner of the brand.
Trademark registration protects word or words, logo, symbol, utilized in commerce to distinguish in one source of goods and services of another. It does not need to be innovative. But it should be new. Trademark protection is for 10 years and It can be renewed by paying an additional fee. Design is a diagrammatic representation. It is mainly designed by professional, engineers, Software Programmer etc. Designs are patented for infringement.
Following features should be present in a particular design
- New or original
- Not published
- Significantly distinguishable from known designs or combinations of known designs
- Devoid of a scandalous or obscene matter.
Design registration protects the innovative of an article of design of an article of manufacture. It protects the physical appearance of the product. This is mainly with the product you are planning to sell to the public. Design protection is also for a 10-year period and can be extended by five years. After it, the design becomes public property and can be used by anyone.
Registration of design is under the design act. No prescribed procedure has been made relevant to the design registration. There are certain acts formed regarding the intellectual property such as Patent act, Trademark Act, Design Act which does not entertain any opposition regarding the registration process.
Unregistered vs Registered Trademark
Statutory rights are provided to the registered trademark according to the trademark act. Unregistered trademark is also not denied under legal recourse and representation.
Statutory rights are also provided in the case Design act. This rights might not be the same rights as that of more powerful trademark act. There can be remedial action in case of wrong commitment. In that case, the plaintiff have to provide the registered design was made use by him as a trade which with the purchasing public has created an association with goods and services and resultant goodwill.
According to The Trade Marks Act, 1999 “trademark” means a mark capable of being represented graphically and is capable of distinguishing the goods or services of one person from another person. This may include shapes of goods, their packaging, and combination of colours. Registered Trademark’s purpose is to indicate a connection in the course of trade between the goods or services and some people having the right as proprietor to use the mark.
According to The Designs Act, 2000 “Design” means only the features of shape, configuration, ornament, pattern or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.