Designs and trademarks fall under the category of intellectual property. Despite the similarities between a trademark and a design, they are very different. A trademark is a company's or an individual's brand or logo that is connected to their products or services. Design refers to the elements of a pattern or shapes applied to a specific item produced by an industrial process.

The Trademarks Act, 1999, governs the registration of trademarks in India, whilst the Designs Act, 2000, controls the registration of designs. However, it is preferable to register a trademark or design because doing so offers protection against unauthorised use by third parties.

What is trademark registration?

A trademark is a symbol that sets your company apart from others. In other words, it is a powerful weapon that gives your offerings of goods and services distinctive branding and protection.

In India, you may register your trademark using the following forms:

• Verbal Trademark
• Visual Trademark
• Sound Trademark
• Shapes Trademark
• Olfactory Trademark
• Flavour Trademark

The intriguing aspect of trademark registration is the fact that it gives you legal protection. Simply put, you obtain the sole authority to represent a brand as your own. You receive full legal authorization to use, rent, or sell it. You also have the sole right to submit a trademark amendment application.

What is design registration?
 

Registration of a distinctive product design is known as design registration. In other words, it is the legal defence of your product's outward appearance.

Because of the legal protections provided by the design registration, no one else may create and use designs that are exactly like yours.

Additionally, the registration of a design grants an organisation a USP, or unique selling proposition, that shows how distinctively its product differs from that of the rivals.

The following are the purposes of design registration:

• To establish an effective and practical legislative framework in the nation to prevent the theft of designs.
• Encourage and support originality and creativity.
• It is necessary for the WTO Member nations to adhere to the TRIPS Agreements, which deal with the trade-related factors of intellectual property rights.

Major points that differentiate trademark and design registration
 

Based on the legal protection
                                                                                                                                                   

Intangible assets that represent a firm, such as a symbol, logo, name, or term, are protected by trademark registration. A trademark's appearance defines how relevant it is to the company's business goals and the nature of the goods and services it offers. To safeguard the trademark from acts of trademark infringement, protection is provided. In the event of trademark infringement, the owner of the trademark may file a lawsuit against the defaulters. Additionally, a trademark must exist before the trademark registration process may begin.

The goal of a design registration is to safeguard a product's design. Here, we're emphasising the product's utility as well as its beauty.

Based on legal rights
 

Although a trademark has some legal rights, the statutory fraternity also applies to unregistered trademarks. Therefore, under legal choice and illustration, an unregistered trademark is not disallowed.

Concerns concerning some legal rights are also present in the design. However, these rights do not have the same power as a trademark. In the end, legal action may be taken if the specific article differed from the documentation of the article.

Based on the definition
 

A trademark typically refers to a mark or logo that symbolises your company. It typically appears in a variety of shapes, including phrases, names, logos, slogans, etc. This logo enables the consumer to distinguish a company's goods from those of its rivals. The intangible assets of a firm are protected by trademark registration.

An example of a diagrammatic representation of a specific product is a design. Design Registration is carried out in order to safeguard the design against infringement.

Based on intention
 

A trademark can be anything, including a name, a logo, or a piece of artwork. The distinctiveness should ultimately be followed, but innovation is not sought.

A design serves a certain intention, goal, or application. It is merely an illustration in diagram form. The professionals have prepared it. As a result, it ought to be creative.

Based on the subjected act
 

The Trade Mark Act of 1999's standards is applied to registered marks. According to this Act, a mark can be registered as a trademark if it can be graphically represented and distinguish the goods and services of one company from those of another.

According to the requirements of the Design Act of 2000[1], a registered design is protected. This Act explains how to protect designs that are applied to any object, whether it be in two dimensions, three dimensions, or both, using any mechanical, chemical or combined processes, and which, when the object is finished, only appeal to and are judged by the sight.

Trademark registration vs design registration
 

Conclusion
 

So that's everything there is to comprehend about the key distinctions between trademark registration and design registration. Making the right choices about the implementation of intellectual property protection can be aided by being aware of their distinctions. It has long been debated whether the design right and trademark rights overlap.

This register, which is a component of intellectual property rights, aims to provide the same protection, at least in terms of leisure. An attractively designed product increases the product's commercial value and artistic appeal, whilst an eye-catching trade dress strengthens the relationship of the product with its origin.

However, the core components of these two IPs share some common traits and frequently overlap. The Trademark and Design Registration's boundary is hazy. If you want to apply for a trademark registration or a design registration for your business or any product, you can get help from Online Legal India.