Difference Between Pattern Trademark and Design Registration

A trademark represents a word, symbol or pattern that identifies and distinguishes the source of goods and services for the consumer. Whereas, design registration is done for a pattern that is attractive and accentuates the commercial value of the product. It is basically done for any pattern or ornamentation of the product that is unique and original.

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.

What is Trademark Registration?

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.

Read More: How to Trademark a Logo?

What is the Design Registration?

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.

Advantages of Design Registration

The design is what makes any article attractive and appealing. Hence, it adds to the commercial value of a product and increases its marketability.

  • When a design is protected, the proprietor i.e. the person that owns the registered design has an exclusive right against unauthorized imitation of the design by third parties. 
  • This helps the owner of the design in increasing the commercial value of the trademark as the customer can identify the design and associate it with the designer at once.

More on: Difference between Trademark, Copyright and Patent

What Can be Registered as Design But Not as a Trademark?

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.

 

 
DESIGN
REGISTRATION
TRADEMARK
REGISTRATION

 Definition

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.

Registration Process

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.

Legislation

The Indian Trademark Act,1999

The Designs Act, 2000

Office

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 

Timeline

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.

Examples

 

 

Click Here: Design Registration