Mugdha Badge, Gujarat National Law University, Gandhinagar
ABSTRACT
Among various intellectual properties under Indian law, trademark and design occupy significant positions in marketing and business arenas, shaping economy of the nation. In order to increase sales and gain public acknowledgement, companies invest in trademark registration and innovation in design, which many a times clash due to major overlap in application of the Trade Marks Act, 1999 and the Designs Act, 2000. The overlap between design and trademark law in India arises when a design starts functioning as a trademark and becomes a source identifier of goods, demanding protection as both; design and trademark. However, trademark and design registration cannot coexist. This overlap presents a complex intersection where designs can function as trademarks, leading to potential legal challenges, inefficiencies, uncertainties, opportunities, and untapped benefits for businesses. Trademarks protect brand identities, while designs safeguard the unique visual aspects of products. The overlap has significant implications for businesses seeking to protect their brand identity and product designs. The research paper delves into the intricate relationship between trademark and design laws in India. By examination of statutes, case laws, and scholarly articles, the paper aims to provide a comprehensive analysis of how trademark and design rights intersect in the Indian legal framework. Key issues such as the coexistence of trademark and design registrations, conflicts between design and trademark rights, and strategies for effectively navigating this overlap are explored in detail. By shedding light on this complex intersection, the research contributes to a better understanding of intellectual property protection in India and offers valuable insights for businesses, legal practitioners and policymakers.
Keywords: Intellectual Property, Trade Mark, Design, Marketing, Goodwill, Overlapping laws, Registration, Infringement, Passing off.
