A trademark protects a brand's name, logo, or other distinctive features, while a registered design protects the visual appearance of a product.
Here's a breakdown of the key differences:
Trademark
- Protects: Brand identity, including names, logos, slogans, and other unique features.
- Purpose: To distinguish goods or services from those of others.
- Examples: Nike's swoosh logo, Apple's logo, Coca-Cola's font.
- Duration: Can last indefinitely, as long as the trademark is used and renewed.
- Enforcement: Can be enforced against companies that use similar marks, even if they are not identical.
Registered Design
- Protects: The visual appearance of a product, including its shape, configuration, patterns, and ornamentation.
- Purpose: To prevent others from copying the design of a product.
- Examples: The design of a chair, a lamp, or a piece of clothing.
- Duration: 5 years, with the possibility of renewal for up to 25 years.
- Enforcement: Can be enforced against companies that copy the design of a product.
Key Differences
- Scope: Trademarks protect brand identity, while registered designs protect the visual appearance of a product.
- Duration: Trademarks can last indefinitely, while registered designs have a limited duration.
- Enforcement: Trademarks can be enforced against similar marks, while registered designs are enforced against identical copies.
Practical Insights
- If you are creating a new product, you may want to consider both trademark and registered design protection.
- Trademark protection can help you build a strong brand, while registered design protection can help you protect your investment in design.
Example
Imagine you're starting a new clothing line. You could obtain a trademark for your brand name and logo, which would help you protect your brand identity. You could also register the design of your clothing, which would help you prevent others from copying your unique style.
