Difference Between Trademark & Design

A trademark is a unique signature adopted by a company or business to distinguish itself from others. It can be a name, combination of words, letter, numerals, colors, shapes, design, signature, number, sound, pattern etc. But it must be unique and should not already be registered with the TradeMarks office. Today we discuss here Difference Between Trademark & Design . Trademark as the name suggests is associated with the business and its sole purpose is to get recognition.

For instance, whenever we see the logo of an eaten apple we recognize it as that of Apple Inc. We don't need to think twice to recognize it. We know it belongs to the manufacturer of iPhone and Mac.

Many people often get confused between design and trademark. They think that its one and the same thing but it is not.

Whats a design?

A design is a diagrammatic 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 an iPhone.

 

We all read about the violation of patent over design of phone between Apple and Samsung. A design is associated with the business activities of a company. It is concerned with the design of a good, service, manufacturing pattern, system etc.

Trademark

Trademark on the other hand is also related to the business but through a different angle. It is associated with the name of the business. Designs can be trademarked as well but they must pertain to the name of the organization.

Patents and trademarks are different. Patents are used to protect the goods and services of an entity whereas trademark is used to protect its name. Patents prevent duplication of designs of products and services while trademark prevents duplication of name. Patent design is concerned with technology whereas trademark is not.

It is a simply a name or logo associated with the name of the company or entity. Trademark is done to gain trust of customers and set a brand whereas design is patented to provide uniqueness and beat tight competition.

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