November 19, 2022
What is Trademark Registration?
A trademark in India is a symbol, brand, or logo that separates one business or organization from everyone else. In other words, it’s a powerful tool that offers brand image and safeguards to the goods and services it really is connected to. Having mark that is a combination of letters/ numbers/ words’/ phrase/or has a graphical representation,or in different circumstances has a sound registered as a trademark allows a business or individual to use it to identify its goods or services. A registered trademark offers a legal defense against infringement.
What is Design Registration?
Design refers to the aesthetic qualities of a good, such as its pattern, arrangement, shape, ornament, the structure of lines or colors, or their combination, implemented to it by an industrial process. A design maker, originator, or craftsperson could apply for design registration in India as the owner of the design to prevent others from using the same design on their goods without their approval.A design’s ability to stand out from the competition is protected by a design registration, which also serves as a distinctive selling point for an item. Customers occasionally buy products for both their appearance and their intended use. The product’s outward appearance is legally protected thanks to the design registration.
To get the design registered, it must, however, be new and not priorly published.
Difference Between Trademark And Design Registration
| Trademark Registration | Design Registration |
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The logo that represents the company is protected by trademark registration. | Design registration safeguards the unique appearance of the goods that acompany sells. |
Based on the class as well as the name the applicant chooses, their trademark registration application is assessed. | During the procedure of registering a design, the examiner assesses the item's novelty, creativity and appeal in the applied class.
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The Trademark needs to be Distintive (inherent or acquired) for being able to be registered. | The Design Application has to be filed with the statement of Novelty as well as a disclaimer if needed for succesful registration.
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Trademarks are safeguarded by the Trademark Act,1999. | Design is protected under the Design Act,2000. |
The Trademark Registry, oversees trademark registration in India. | The Patent office oversees design registration in India. |
In India, trademark registrations are valid for ten years and can be renewed indefinitely after that.
| The registration of a design is good for 10 years. It may be prolonged for an additional five years only.
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For Eg: the red and white logo of coca cola | For Eg: the shape of the bottle of coca-cola |
Benefits of Trademark And Design Registration
- Whenever a Trademark or design is protected, its owner—the individual/entity who owns the registered design—has the sole authority to stop unauthorized third parties from duplicating it.
- By enabling consumers to instantly recognize the appearance and associate it with the creator, design registration helps the owner of the design increase the trademark’s financial benefit.
Overlap between Trademark & Design Laws
- The unconventional trademarks such as shape and texture have enabled the situation in which the lines between these two laws are blurred. The issue in such cases arises during the establishment of protection against infringement and passing off. As it is evident that there is no law regarding the passing off of a design.
It was held in Mohan Lal and Ors.V. Sona Paint &Hard wares and Ors. [AIR 2013 Delhi 143] that in a case of a registered proprietor of design, who is also using the said design as a trademark, he would be entitled to institute an action of passing off in respect of the same if the requirements of triple identity test are met. But in Carlsberg Breweries A/S v. Som Distilleries and Breweries Ltd. [AIR 2019 Delhi 23] it was stated that the Mohan lal case ignored Section 19(1)(e) which provides that a design may be cancelled if it is not a design as defined under the Act but stated that the larger legal formulation of Mohan Lal, regarding a passing off action, one that is not limited to trademark use alone, but the overall get up of trade dress is correct.
Finally in Crocs Inc. USA vs. Aqualite India Ltd and Anr., it was held that a registered design cannot be a trademark.
If you’re interested in learning more about intellectual property rights, check out our latest post on trademark vs patent
Conclusion
Although both the design and trademark registrations are important in their own sphere, it is important for the applicant to understand in which application will the brand gain more value. Trademarks are essential to build the brand value but it cannot be denied that sometimes a unique design becomes the USP of the business.
Naseem
Naseem Sheikh is a trademark enthusiastic and he is a member of Bar Council of Delhi, Bar Council of India
