Thus the business needs to protect the unique identification of its product presented through a shape. The owners can obtain intellectual property registration in the Design Act or Trademark Act.
Both the acts have different provisions for protecting the shape of a product, which is discussed in this article.
As per the Designs Act, 2000
The design includes qualities of an article in terms of:
As per the Trade Marks Act, 1999
The act provides:
A “mark” includes
A "trademark" means a mark:
Both the Acts (Design Act and Trademark Act) include the shape in their core registration criteria, which might create puzzlement as to which registration shall be preferred.
The elements provided below in regards to registration of shape can assist in distinguishing the idea of registration in both the Acts:
The intellectual property registration allows the business to protect its brand image and goodwill in the market. It allows them to have better access to market share through the unique identification of their product that becomes known to the customers. And it becomes easier for the shape to obtain registration where it provides considerable merit to the product.