Both trademark and design registration help in the commercialisation of the product but one helps in protecting the brand image of the product whereas other provides monopoly right over the products unique appearance.
To illustrate, Burberry pattern is a registered pattern trademark that has been registered as a device mark in India whereas anything that is developed by a designer or a manufacturer that is considered unique and ornamental for the product like a design of an earring can be registered as design in India.
A trademark is something that helps the Consumers to identify the goods or services are coming from a particular source, even if the precise identity of the source is not known. Usually, trademark registration includes a word or a logo, or a combination of the two, but they can also be, a shape, a sound or motion.
In theory, olfactory products can also be a trademark; in practice, they are exceedingly difficult to register.
Registered Design refers to, pattern, the configuration, or any ornamentation which when applied to a product gives the product a distinctive appearance.
You can register design and obtain a monopoly over it, but it must be new and distinctive to achieve it.
The design is what makes any article attractive and appealing. Hence, it adds to the commercial value of a product and increases its marketability.
Trademark and design have criteria based on which they both can be registered. Trademark even if are used prior to registration can obtain protection, but that's not the case with the design they need to be new and creative to obtain trademark protection.
We can infer from these that smell and sounds and gestures cannot obtain design protection. Words can be protected under trademark, but the protection for them can be extended to words if the typography is new and innovative.
Focuses on the aesthetic appearance of the product enhances the commercial value of the product is considered the design and can be registered.
Trademark registration involves protection of brand name that helps the consumer to associate the products with the manufacturer or the applicant.
The registration process for design is assessed based on the creativity and appeal of the article to the eye of the examiner
Trademark registration is assessed based on the class and the name selected by the applicant.
The Indian Trademark Act,1999
The Designs Act, 2000
The patent office has authority to look over matters of Design Registration.
Trademark Office looks into every trademark related matter.
What can be registered?
Anything that is new and involves only the aesthetic value of the product.
Registration of trademark can only be completed
The design once approved will be granted for a period of 10 years which can further be renewed for 5 more years.
Trademark registration is granted for a period of 10 years which can be renewed after submitting trademark renewal fees.