Difference between trademark and design right?

In summary: Trade Dress protects the overall appearance and image of a product, including its shape, color, and packaging, as long as it is distinctive and identifies the source of the product.In summary, trademark and design right are two types of intellectual property protection that have some similarities but also distinct differences. Trademark protects logos and signs used for product differentiation, while design right protects the visual appearance of objects. Both can provide long-term protection, but may have different requirements and limitations in different countries. Additionally, "design right" may be equivalent to "trade dress" in the US, which protects the overall appearance of a product.
  • #1
shivajikobardan
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Homework Statement:: trademark vs design right-: engineering professional practice
Relevant Equations:: none

https://www.copyrightuser.org/faqs/...rade Mark protects logos,or part of an object.

both sound quite similar. What's the difference?

A Trade Mark protects logos and signs that are used in relation to a particular type of product or service.

A Design right protects the visual appearance of an object or part of an object.
 
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  • #2
Trademark applies more to a written logo. The Design Right seems to apply more to 3D objects. But to be honest, I deal mostly with Trademarks, Copyrights and Patents. This is the first time I've heard of Design Rights.
 
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  • #3
Also, some of these legal definitions can vary by country. You have said before that you are in Nepal, I am in the US, and the link you posted is from the UK.

Copyright User

CopyrightUser.org is an independent online resource aimed at making UK Copyright Law accessible to creators, media professionals, entrepreneurs, students, and members of the public. The goal is to provide answers to the most pressing concerns creators have about copyright, helping them understand their rights. The site was launched on 14 February 2014.
 
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  • #4
The protection of intellectual property comes in four classes.

1. Copyright; covers text, books, diagrams, pictures and movies. It prevents others from copying your original work. Protection lasts for about 70 years beyond the creators death.

2. Trademark; covers a symbol, word or phrase that is used for product differentiation in the market place. Once registered, the mark can be perpetual so long as renewal payments are made.

3. Registered Design; cover the shape of things, but not what coloured pattern you paint on them. You must submit pictures and diagrams that define the shape and design of the object. It can last a long time if you keep paying the renewal fees. (Painting it with a different pattern will NOT void your design protection, but to also protect any visual surface pattern you would need separate copyright).

4. Letters Patent; cover new principles of manufacture or functionality. The invention must be novel (not mentioned anywhere in the last 50 years), and you must describe it clearly (patent) in a text document (letters). You have about 25 years protection while you 'tool up' and get your novel product into the marketplace. If you fail to pay the renewal fees, or after about 25 years, others can use the public patent documents to help copy your invention.

Just to make it more interesting, and profitable for the lawyers, each country has slightly different laws.
 
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  • #5
Baluncore said:
The protection of intellectual property comes in four classes.

1. Copyright; covers text, books, diagrams, pictures and movies. It prevents others from copying your original work. Protection lasts for about 70 years beyond the creators death.

2. Trademark; covers a symbol, word or phrase that is used for product differentiation in the market place. Once registered, the mark can be perpetual so long as renewal payments are made.

3. Registered Design; cover the shape of things, but not what coloured pattern you paint on them. You must submit pictures and diagrams that define the shape and design of the object. It can last a long time if you keep paying the renewal fees. (Painting it with a different pattern will NOT void your design protection, but to also protect any visual surface pattern you would need separate copyright).

4. Letters Patent; cover new principles of manufacture or functionality. The invention must be novel (not mentioned anywhere in the last 50 years), and you must describe it clearly (patent) in a text document (letters). You have about 25 years protection while you 'tool up' and get your novel product into the marketplace. If you fail to pay the renewal fees, or after about 25 years, others can use the public patent documents to help copy your invention.

Just to make it more interesting, and profitable for the lawyers, each country has slightly different laws.
good information thank you.
 
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  • #6
berkeman said:
Trademark applies more to a written logo. The Design Right seems to apply more to 3D objects. But to be honest, I deal mostly with Trademarks, Copyrights and Patents. This is the first time I've heard of Design Rights.
I think "Design Right" may be the equivalent of "Trade Dress" in the US.
 

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