Designs and trademarks are both forms of intellectual property, but they serve distinct purposes and offer different levels of protection.

Industrial Designs

• Focus: Protect the visual appearance of a product or article.
• Scope: Cover the ornamental aspects, such as shape, configuration, lines, patterns, colors, or ornamentation.
• Registration: Typically registered with a national intellectual property office.
• Protection: Grant exclusive rights to use, manufacture, sell, or import a product with the protected design.

Trademarks

• Focus: Protect the identity of a product or service.
• Scope: Cover words, phrases, symbols, logos, or any distinctive sign that identifies a product or service.
• Registration: Typically registered with a national intellectual property office.
• Protection: Grant exclusive rights to use the trademark in connection with specific goods or services.

In essence, industrial designs protect the look of a product, while trademarks protect the name or symbol associated with it.

Example:

• Industrial design: The distinctive shape of an Apple iPhone.
• Trademark: The Apple logo and the word “Apple.”

When choosing between industrial design and trademark protection, consider the following:

• Nature of your creation: If you’re protecting the visual appearance of a product, industrial design is appropriate. If you’re protecting the name or symbol associated with a product or service, a trademark is more suitable.
• Desired level of protection: Industrial designs typically offer protection for a limited period, while trademarks can be renewed indefinitely.
• Geographic scope: Consider whether you want protection in a specific country or region or if you need international protection.

By understanding the differences between industrial designs and trademarks, you can choose the most appropriate form of protection for your intellectual property.