Intellectual property rights form the backbone of modern commercial and creative industries. They encourage innovation, protect creativity, and help businesses maintain distinctiveness in competitive markets. Among the various forms of intellectual property, designs and trademarks are often misunderstood because both relate to the visual aspects of products or brands. However, they serve very different purposes, protect different aspects of creativity, and operate under entirely different legal frameworks in India. Understanding the distinction between these two forms of intellectual property is essential for designers, entrepreneurs, start-ups, manufacturers, brand strategists, and legal professionals.

This article provides a comprehensive explanation of the difference between industrial designs and trademarks in India, supported by the Designs Act, 2000, the Trade Marks Act, 1999, and key judicial precedents. It explains the purposes, features, registration processes, enforcement mechanisms, and overlaps between these two important IP rights.

I. Meaning and Purpose of Designs and Trademarks

Designs and trademarks are both intellectual property rights, but they protect different interests and aspects of business identity.

1. What is a Design?

Under Section 2(d) of the Designs Act, 2000, a design refers to the aesthetic features of an article, including:

• shape,
• configuration,
• pattern,
• ornament,
• composition of lines or colours.

A design must appeal to the eye and be applied through any industrial process. Its primary purpose is to protect the visual appearance of a product.

Purpose of Design Protection

Design protection aims to:

• encourage aesthetic innovation,
• prevent copying or imitation,
• increase commercial attractiveness of products,
• protect the outward look of industrially produced goods.

Design protection deals exclusively with appearance, not function.

2. What is a Trademark?

Under Section 2(1)(zb) of the Trade Marks Act, 1999, a trademark is a sign capable of distinguishing the goods or services of one person from those of another. A trademark may include:

• words,
• names,
• logos,
• symbols,
• colours,
• shape of goods,
• packaging,
• sound marks,
• three-dimensional marks.

Purpose of Trademark Protection

Trademark protection aims to:

• identify and distinguish products or services,
• prevent confusion in the marketplace,
• build brand reputation,
• protect consumers from deception,
• promote fair competition.

Thus, trademarks protect brand identity, whereas designs protect visual appeal.

II. Legal Framework Governing Designs and Trademarks

Designs

Design protection in India is governed by:

• Designs Act, 2000
• Designs Rules, 2001

Key provisions include:

• Section 2(d): Definition of design
• Section 4: Prohibition of prior publication
• Section 5–10: Registration process
• Section 11: Copyright in registered designs
• Section 19: Cancellation
• Section 22: Piracy of registered design

Trademarks

Trademark protection in India is governed by:

• Trade Marks Act, 1999
• Trade Marks Rules, 2017

Key provisions include:

• Section 2(1)(zb): Definition of trademark
• Section 9 & Section 11: Absolute and relative grounds for refusal
• Section 18: Application for registration
• Section 28: Rights conferred by registration
• Section 29: Infringement
• Section 57: Rectification

III. Nature of Protection: What Do They Protect?

1. Design Protects Appearance

Design law protects the external aesthetic features, which may include:

• shape of a mobile phone,
• pattern on fabric,
• shape of a bottle,
• ornamentation on furniture,
• design of a vehicle body,
• pattern on tiles.

Design protection is concerned with how a product looks, not how it works.

Case Reference: Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008)

The Supreme Court emphasised that design protection is limited to features that appeal to the eye.

2. Trademark Protects Identity and Distinctiveness

Trademark law protects signs that help consumers identify and distinguish brands, such as:

• the name “Apple,”
• the Nike logo,
• Coca-Cola’s bottle shape,
• the sound of Nokia’s ringtone.

Case Reference: Cadbury India Limited v. Neeraj Food Products (2007)

The Delhi High Court held that trademarks protect brand goodwill and prevent passing off.

IV. Duration of Protection

Design Protection Duration

Under Section 11(2) of the Designs Act:

• Design protection lasts for 10 years, extendable by 5 years, making a total of 15 years.

Design rights have no further extensions.

Trademark Protection Duration

Under Section 25 of the Trade Marks Act:

• A trademark is initially registered for 10 years.
• It can be renewed every 10 years indefinitely.

Therefore, trademarks can potentially last forever, as long as renewal fees are paid.

Comparative Understanding

Feature	Design	Trademark
Duration	15 years max	Indefinite (renewable)
Nature	Visual appearance	Brand identifier

V. Registration Requirements

Design Registration Requirements

A design must:

1. be new or original,
2. not be previously published,
3. be applied to an article,
4. have visual appeal,
5. not include functional features.

Case Reference: Gopal Glass Works Ltd. v. Assistant Controller of Patents (2007)

The Calcutta High Court held that functionality cannot be protected under design law.

Trademark Registration Requirements

A trademark must:

1. be distinctive,
2. not be deceptive or descriptive,
3. not be identical or similar to an existing mark,
4. not cause confusion among consumers.

Case Reference: T.V. Venugopal v. Ushodaya Enterprises Ltd. (2011)

The Supreme Court upheld the importance of distinctiveness and the protection of well-known trademarks.

VI. Differences in Subject Matter

Criteria	Design	Trademark
Protects	Shape, pattern, ornamentation	Name, logo, sound, shape, packaging
Focus	Visual appeal	Brand identity
Functional Features	Not protected	May be excluded if functional
Used For	Industrial products	Goods and services

Designs protect how a product looks, trademarks protect what a product means to a consumer.

VII. Application and Registration Process

Design Registration Process

1. Filing application with drawings or photos
2. Examination for novelty
3. Acceptance
4. Registration and publication
5. Certificate issued

Design registration is faster and primarily involves visual comparison.

Trademark Registration Process

1. Filing the application
2. Examination by Trademark Office
3. Publication in the Trademark Journal
4. Opposition period
5. Registration upon no opposition or successful defence

Trademark registration takes longer due to potential opposition proceedings.

Case Reference: Sony Kabushiki Kaisha v. Shamrao Maskare (1985)

The Court held that trademark opposition protects consumers from confusion.

VIII. Scope of Rights Granted

Design Rights

Under Section 11, registration grants exclusive right to:

• apply the design to an article,
• sue for piracy,
• stop unauthorized copying.

Design rights protect against imitation of the visual appearance.

Trademark Rights

Under Section 28, registration grants:

• exclusive right to use the trademark,
• right to sue for infringement,
• right to prevent passing off.

Trademark rights protect against confusion or misuse of brand identity.

Case Reference: Kirloskar Diesel Recon Pvt. Ltd. v. Kirloskar Proprietary Ltd (1996)

The Bombay High Court held that trademarks protect the reputation of a business beyond just visual signs.

IX. Overlap Between Design and Trademark

A single product element can qualify as both a design and a trademark.

Examples

• Coca-Cola bottle shape
• Apple iPhone’s distinctive design
• Louboutin’s red sole (colour mark + design aspect)

In Indian law, such overlaps must be managed carefully.

Copyright and Design Overlap: Section 15 of Copyright Act, 1957

If a design is applied more than 50 times, copyright protection ceases, and it must be protected under the Designs Act.

Design and Trademark Overlap

Designs protect product appearance for 15 years. After that period, if the visual element achieves distinctiveness, it can be protected as a trademark.

Case Reference: Carlsberg Breweries v. Som Distilleries (2019)

The Delhi High Court held that a composite suit combining design infringement and passing off is maintainable. This judgment clarifies that design and trademark remedies can coexist when distinct aspects are infringed.

X. Functional vs Non-Functional Distinction

Design Must Not Be Functional

Design law does not protect features dictated solely by function.

Case Reference: Whirlpool of India v. Videocon (2014)

The Court emphasised that if a feature is purely functional, it cannot be protected as a design.

Trademark Protects Distinctiveness, Not Functionality

Functional or essential elements cannot be trademarks.

Case Reference: Ramdev Food Products Pvt. Ltd. v. Arvindbhai Patel (2006)

The Supreme Court held that trademarks must distinguish the source, not the product’s function.

XI. Enforcement Differences

Design Enforcement

Under Section 22 of the Designs Act:

• Piracy (design infringement) is actionable.
• Remedies include injunctions and damages.

Design disputes focus on visual similarity.

Case: Steelbird Hi-Tech India Ltd. v. S.P.S. Gambhir (2014)

Injunction was granted against copying of helmet designs.

Trademark Enforcement

Trademark enforcement occurs through:

• infringement under Section 29,
• passing off (common law remedy),
• damages and injunctions.

Trademark disputes focus on likelihood of confusion.

Case: Parle Products v. J.P. & Co. (1972)

The Supreme Court held that overall similarity, not segment-by-segment analysis, determines infringement.

XII. Use Requirement

Design Law

Use is not required for design registration.

Trademark Law

Use is essential. If unused for five continuous years, the trademark may be removed.

Case Reference: Hardie Trading Ltd. v. Addisons Paint & Chemicals Ltd. (2003)

The Supreme Court held that non-use can result in trademark removal.

XIII. Cost Differences

Design Registration is Cheaper

Design filing fees are relatively low because examination is primarily formal and not substantive.

Trademark Protection Costs More Over Time

Trademark fees include:

• filing fees,
• renewal fees every 10 years,
• potential opposition litigation.

However, trademarks may last indefinitely.

XIV. Consumer Confusion vs Visual Appeal

This is the heart of the difference:

• Design law focuses on aesthetic appeal.
• Trademark law focuses on consumer confusion.

Courts consider these two tests differently.

Case: Dabur India Ltd. v. Amit Jain (2009)

The Court granted relief on the basis of packaging similarities under both design and trademark law, showing how both concepts can intersect.

XV. Importance of Choosing the Correct IP Protection

Businesses often choose between design and trademark protection depending on:

• duration of protection needed,
• type of product,
• business model,
• long-term branding strategy.

When to Choose Design Protection

• when product aesthetics are key,
• for mass-produced goods,
• when functionality is not at issue,
• during early product launch.

When to Choose Trademark Protection

• for long-term brand building,
• for logos, names, packaging, shapes, and sounds,
• when distinctiveness is crucial.

Many businesses choose both, starting with design protection and later converting the shape or appearance into a trademark after gaining market recognition.

Conclusion

Designs and trademarks are two essential but distinct forms of intellectual property protection in India. While designs protect the visual appearance of products for a limited duration, trademarks protect brand identity indefinitely, as long as they are renewed. The Designs Act, 2000 focuses on aesthetic features, while the Trade Marks Act, 1999 safeguards symbols that help consumers identify and distinguish goods or services.

Through important judicial precedents like Bharat Glass Tube, Micro Fibres, Parle Products, Carlsberg Breweries, and Whirlpool v. Videocon, Indian courts have developed a clear jurisprudence that distinguishes between ornamental features and brand identifiers. At the same time, courts have also recognized situations where design and trademark protection may overlap, allowing businesses to create strong, multi-layered intellectual property strategies.

Understanding the differences between design and trademark protection empowers creators, entrepreneurs, and brands to make informed decisions about safeguarding their innovations and market identity. In a competitive environment, choosing the right form of protection can create long-term advantages, build brand loyalty, and support commercial success.