Design or Trademark?
The intellectual property rights of design and trademark registration differ in scope and purpose of protection. It can be useful to have both property rights for a logo or a word / figurative trademark (two or three dimensional) to take advantage of the one or the other. An individual assessment will be necessary for each individual design.
The aim of a registered design is to protect a design against counterfeits.A trademark is used to distinguish the labeled products from others, in particular it provides an indication of origin of a specific company or manufacturer.Design and trademark protection can be used both for one design, such as a logo or a product design.
A design protects against counterfeiting, thus, an imitated design may not produce the same overall impression as the original. In this case, the overall impression is viewed in isolation of certain products. The point of reference is only the design itself, for instance, the design of a special computer keyboard design as chocolate may cause the same overall impression as the technical device.A trademark provides protection against confusion of the labeled products with those of another manufacturer/company and is regularly limited to confusing or interchangeable goods and services (except for well-known brand).
Different Duration of Protection
A registered design can be protected in five annual increments up to 25 years, a trademark can obtain protection permanently by extending the protection every ten years.