In the world of intellectual property protection, trademarks and design registrations serve distinct purposes.
Trademark: A trademark shields the symbols or words used to identify a product with a specific company. It focuses on the appearance of the emblem, preventing other companies from using a similar mark. Before registration, a trademark search is necessary to ensure uniqueness.
Design Registration: This protects the physical appearance of a unique product intended for public sale, as long as the appearance doesn’t interfere with the product’s function. In some cases, both trademark and design protection can cover a single design, offering extra benefits to the rights owner.
Key Differences Simplified:
- Purpose:
- Trademark: Protects symbols or words identifying a product’s origin.
- Design: Safeguards the physical appearance of a product.
- Legislation:
- Trademark: Governed by the Trademark Act of 1999.
- Design: Governed by the Design Act of 2000.
- Legal Protection:
- Trademark: Offers strong legal protection; unregistered trademarks can still be defended.
- Design: Provides legal rights, less potent than trademarks. Corrective action is possible if the actual product differs from the documentation.
- Nature:
- Trademark: Can be a wordmark, logo, form, or a single word, requiring distinctiveness but not necessarily creativity.
- Design: Involves a creative and functional aspect, going beyond mere depiction. Developed by experts for specific functionality.