Design registration is a type of intellectual property protection, under which newly created designs applying to a articles created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.
Logos are distinct and memorable designs that are used to represent a business or enterprise. Logo designing is the process of designing a logo and is among the first tasks undertaken while starting a new venture. Hence, logos are the face of any brand - the very first impression and when executed correctly, serves a very powerful asset to the business. Further, in today's digital words, businesses have to compete for attention and credibility - far beyond the traditional confines of a business card, brochure and website. Today's businesses must address its customers through multiple touch points like sign boards, videos, mobile apps, ecommerce platforms, packaging and a myriad of social media pages like Facebook, Twitter, Google+, LinkedIn and YouTube. Hence, its important to take time and design a logo that represent the company while starting a new venture.
Designs registered under the Designs Act are protected for a period of ten years, renewable by another 5 years. However, design registration mainly applies only to designs applied by an industrial process on any article. Hence, items that are covered under the Trademark Act or Copyright Act cannot be registered as a design.
Combination marks or iconic logotypes are a combination of word mark and symbol mark - associating both the name of the company and a visual icon. Combination marks can often be split apart, giving the ability to use the text or the symbol independently if the situation calls for it. Also, from a legal perspective, combination marks tend to be easier to trademark than symbol-only logos or word mark logos. Nike, Adidas, Pizza Hut are all examples of combination mark.
Filing a design registration application does not guarantee registration of the design. Design registration is a process and registration is provided only by the Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts for filing of design registration application based on experience and expertise.
Symbol marks are logos that consists only of a symbol or icon without the use of words or letters. Symbol mark can be risky as it does not convey the name of the entity in the logo. Hence, symbol marks are not recommended for a new startup or a smaller company that's trying to get people more familiar with their brand. Apple Computers, LG and Microsoft are all good examples of symbol mark.