Difference Between Trademark and Registered Design

Intellectual property rights protect the particularities that make a business, brand, or product unique. These include trademark and registered design: two distinct but often confused rights.

What is a Trademark?

A trademark is basically a sign, logo, words, or symbols that represent the identity of businesses or brands. It provides identity protection to the brand so that consumers may distinguish between different products or services. For example, trademarks include logos such as the swoosh of Nike or the script font used by Coca-Cola.

• Purpose: To protect brand identity and prevent misuse.
• Scope: Covers names, logos, slogans, sounds, colors, or a combination of these.
• Duration: Valid for 10 years and renewable indefinitely.
  

What is a Registered Design?

It provides protection to the unique aesthetics or visual appearance of an item, whether in relation to its shape, color, pattern or ornamentation. It does not cover functionality but will ensure that this design cannot be used commercially as a duplicate by competitors.

• Purpose: Protect the unique designs of products.
• Coverage: Includes the appearances of the product, for example, the packaging, patterns, and form.
• Duration: Typically 10 years but extendable up to 25 years.
  

Key differences between trademark and registered design

Aspect	Trademark	Registered Design
Definition	Protects brand identity (logos, names, etc.).	Protects the visual appearance of products.
Focus	Distinguishing goods or services.	Aesthetic and non-functional design.
Legal Protection	Covers brand misuse or imitation.	Prevents copying of a product’s look.
Coverage	Words, symbols, slogans, colors.	Shapes, patterns, textures, and ornaments.
Validity	Renewable every 10 years.	Up to 25 years (with extensions).

Importance of Trademark and Registered Design

Both Trademark and Registered Design play vital roles:

1. Market Differentiation: A registered design makes your product stand out visually.
2. Legal Protection: Both offer exclusive rights and prevent unauthorized use.
3. Economic Benefits: They enhance business valuation and create licensing opportunities.

Process of Registering a Trademark

1. Application Filing: Submit an application with the required documents, including the logo and class of goods/services.
2. Examination: The trademark office reviews the application for conflicts or objections.
3. Publication: If approved, the trademark is published for public objection.
4. Registration: After clearing objections, the trademark is registered.

Process of Registering a Design

1. Design Creation: Develop a unique, non-functional aesthetic for your product.
2. Application Filing: Submit the design along with descriptions and drawings.
3. Examination: The design office examines novelty and originality.
4. Registration: If approved, the design is registered and protected.

Legal Implications

• Trademark Violation: Unauthorized use can lead to lawsuits, fines, and damage to the brand.
• Design Infringement: Copying a registered design can result in legal action and compensation claims.

Both violations can damage the original creator’s market position and reputation.

Trademark and Registered Design: Which Should You Choose?

If your primary focus is on brand identity (logo, name, or slogan), opt for a trademark registration. However, if you want to protect the visual appeal of a product (shape, pattern), a registered design is more suitable.

In many cases, businesses benefit from both forms of protection. For example, a company can trademark its logo while registering the design of its packaging.

Conclusion: Trademark vs registered Design

Understanding the difference between trademarks and registered designs is crucial for businesses aiming to protect their intellectual property. While trademarks safeguard brand identity, registered designs protect a product’s unique appearance. Both play a vital role in ensuring market differentiation and providing legal security.

FAQs: Trademarks and Registered Designs

What is the main difference between a trademark and a design?

A trademark protects brand identity (logos, names), while a registered design safeguards the visual appearance of a product.

Can a single product have both trademark and registered design protection?

Yes, a product can have trademark protection for its logo and registered design protection for its aesthetic appeal.

How long does it take to register a trademark or design?

Trademark registration can take 6-12 months, whereas design registration is usually quicker, around 3-6 months.

Is trademark registration mandatory?

No, but registering a trademark offers legal protection against misuse or infringement.

Can I renew my trademark or registered design?

Yes, trademarks are renewable every 10 years. Registered designs can be renewed every 5 years, up to 25 years.

Can trademarks and designs be transferred?

Yes, both can be transferred or licensed to other parties.

Do trademarks and designs protect against counterfeiting?

Yes, both provide legal grounds to prevent counterfeit products and maintain brand integrity.

Can unregistered trademarks or designs be protected?

Unregistered trademarks have limited protection under common law, while unregistered designs may have no legal protection.

Can two companies use the same trademark?

Not in the same class of goods or services, as this would create confusion.

What types of designs cannot be registered?

Designs that are functional, offensive, or not original cannot be registered.

How much does it cost to register a trademark or design?

Costs vary by country. Trademark registration typically costs more than design registration.

What is an example of a registered design?

The unique shape of the Coca-Cola bottle is a registered design.

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