Design Rights Vs Design Registration: Key Differences Between Design And IP Rights - PowerPoint PPT Presentation

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Design Rights Vs Design Registration: Key Differences Between Design And IP Rights

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You could select the best security for your intellectual property, though, if you were aware of the differences. The logo, term, name, or symbol used to identify your company is legally protected if you apply for a trademark. Trademark Registration in Australia performs as a protective measure for a company’s intangible assets. The line dividing the Trademark and Design Registration is hazy, yet these two intellectual property rights are fundamentally made up of some common qualities and have a tendency to overlap. For a better grasp of this, one should always consult with trademarking lawyers. Visit - – PowerPoint PPT presentation

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Title: Design Rights Vs Design Registration: Key Differences Between Design And IP Rights


1
  • Design Rights Vs Design Registration Key
    Differences Between Design And IP Rights

2
  • The registration of both a trademark and a design
    are distinct and important things. On the
    surface, they appear to be the same, but in
    reality, they are both a form of intellectual
    property (IPR). You could select the best
    security for your intellectual property, though,
    if you were aware of the differences. The logo,
    term, name, or symbol used to identify your
    company is legally protected if you apply for a
    trademark. The design registration, on the other
    hand, protects the external characteristics of a
    company's product, such as its appearance, form,
    or configuration. To learn more about the key
    distinctions between design registration and
    trademark registration, scroll down.

3
Major Points that Differentiate
4
Based on Legal Protection
  • Trademark Registration protects intangible assets
    such as symbol, logo, name, or word that
    represents a business. The appearance of a
    Trademark determines its relevancy in terms of
    the nature of products services and business
    objective provided by the company. Protection is
    furnished to protect the Trademark against the
    Act of Trademark Infringement. The owner of a
    Trademark can sue the defaulters according to the
    law in the case of Trademark Infringement.
    Moreover, the Trademark is required before the
    process of Trademark Registration.
  • A Design Registration focuses on protecting the
    Design of a specific product. Here, we are not
    only underlining the appearance of the products
    however, we are also highlighting the
    functionality of the product.

5
  • Based on Legal Rights
  • A Trademark owns some legal rights but, the
    non-registered Trademark is not left out under
    the statutory fraternity. To that conclusion, an
    unregistered Trademark is not denied under legal
    option and illustration.
  • A design is also concerns about some legal
    rights. But such rights are not as effective as a
    Trademark. In the end, if the definite article
    deviated from the documentation of the article,
    some legal action can be taken.

6
Based on the Definition
  • A Trademark mainly implies a logo or a mark that
    represents your business. It is generally found
    in different forms such as words, name, logo, or
    slogan, etc. This mark helps the user to
    differentiate a companys product from the rest
    of the competition. Trademark Registration in
    Australia performs as a protective measure for a
    companys intangible assets.

7
  • Based on Intention
  • A Trademark can exist in different forms, such as
    a name, logo, or work. In the end, it should obey
    the uniqueness, but it does not seek innovation.
  • A design serves a particular intention or
    objective and an application. It is simply a
    diagrammatic representation. It is prepared by
    the experts. Hence, it should be innovative in
    nature.

8
Based on Subjected Act
  • A registered mark is subjected to the norms
    prescribed under the Trade Mark Act, 1999. As per
    this Act, the mark that can appear in a graphical
    form and differentiate the products and services
    of one company from another company is eligible
    for Trademark Registration.
  • A registered design is safeguarded as per the
    norms under the Design Act, 20001. This Act
    tells about the protection of pattern,
    configuration, shape, colours, etc. applied to
    any article, whether in 2 dimensions or 3
    dimensions or both dimensions, through any means
    whether mechanical or chemical or combines, which
    in the finished product appeal to and judge
    exclusively by the eye.

9
Line that exists b/w Trademark and Design
Registration is foggy
10
  • The size and shape of a product, its packaging or
    colour might be Trademark or Design applied to
    it. The difference lies with the purpose served
    by Design and Trademark.
  • A Trademark may project for customer engagement
    or advance the commercial appeal of the product
    also however, it should act as a bonding between
    the products manufacturer and the product.
    However, if it develops the above attributes
    within the line of the Act, an overlap between
    Trademark and Design Registration comes into the
    frame.
  • In India, parallel lawful protection cant be
    requested accordingly to the present Act (Design
    Act and Trade Mark Act). This is because the
    definition of the Design put the Trademark out of
    the equation. But, it is much debated whether
    lawful protection on the design right and common
    law protection on a Trademark can simultaneously
    exist or not.
  • All the remedies have to be carefully consulted
    with the concerned experts, and a strong strategy
    or plan is required to be drafted to curb the
    uncertainties.

11
Conclusion
  • The overlap between the Trademark and design
    right has been argued for a long time.
  • Being a part of Intellectual Property Right, this
    registration seeks to render the same protection,
    at least from a leisure point of view. While an
    eye-catching trade dress builds up the products
    association within its origin, an attractively
    designed product improves the commercial value
    and artistic appeal.
  • The line dividing the Trademark and Design
    Registration is hazy, yet these two intellectual
    property rights are fundamentally made up of some
    common qualities and have a tendency to overlap.
    For a better grasp of this, one should always
    consult with trademarking lawyers.
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