August 2022) A design is a plan or specification for the construction of an object or system or for the implementation of an activity or process or the result of that plan or specification in the form of a prototype, product, or process. The verb to design expresses the process of developing a design.
There are three types of patents: utility patents, plant patents, and design patents. A trademark is a word, symbol, design, or phrase that denotes a specific product and differentiates it from similar products. Copyrights protect “original works of authorship,” such as writings, art, architecture, and music.
A patent protects ideas and concepts, whereas a registered design protects the appearance of a product or item. It is interesting to note that you can register both patents and designs for the same item. Therefore, patents and designs may offer protection for different features of the same product.
A design patent in India is a patent granted on the ornate design of a practical item. It is a type of industrial design right. A design patent protects only the ornamental manifestation of an invention, not it’s utilitarian of an invention nor its utilitarian features.
Trademark Vs Design. A trademark means a mark that represents the goods or services provided by an entity or an individual. It can be a logo, word, etc. A design refers to only the features of a shape, pattern, or ornamentation applied to an article to have a visual appeal.
Your design may be eligible for trademark protection, copyright protection, or patent protection, depending on the type of design and the way it is used. A trademark protects your right to use a design that identifies your business’s goods or services.