Difference between Trademark &

Design Registration

  1. Design Registration

A Design Registration protects any new and innovative ornamental design of an article of manufacture.A design is a digrammatic representation of ones plans.It is formed by a professional like architect, engineer, software programmer etc, and pertains to business activities. To prevent infringement designs are patented. For instance, the design of a good, srevice, manufacturing pattern, system etc.

Put another way a design registration would enable the protection of the physical appearance of a distinctive product you are planning to sell to the public.

  1. Trademark Registration

A trademark would defend the symbols or words you use to identify the product as coming from your specific business. In certain conditions, both forms of protection may be accessible to cover a single design, providing potential rewards for the owner of these rights.

To produce a brief synopsis procedure for the prior publication of an application made relevant to design registration

 

  • No prescribed procedure for the prior publication of an application made relevant to design registration

This should be followed by screening any request for entertaining any opposition to such registered application

 

The procedure as defined under the Designs Act contained under the Patents Act as well as the Trade Marks act doesnot address entertaining any registration opposition.

 

There is a pronounced difference in the legal consequences as defined in section 10(4) and 38 of the Designs Act in comparison with Section 31 of the Trade Marks Act that deals with the prima facie validity related evidence once a trademark is registered