Difference between trademark and design right?

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Discussion Overview

The discussion centers around the differences between trademark and design right, particularly in the context of intellectual property law as it applies to engineering professional practice. Participants explore definitions, applications, and variations in legal interpretations across different countries.

Discussion Character

  • Homework-related
  • Technical explanation
  • Debate/contested

Main Points Raised

  • Some participants propose that a trademark protects logos and signs used in relation to products or services, while a design right protects the visual appearance of an object or part of an object.
  • One participant notes that trademarks apply more to written logos, whereas design rights seem to apply to 3D objects, expressing limited familiarity with design rights.
  • Another participant highlights that legal definitions can vary by country, mentioning differences between Nepal, the US, and the UK.
  • A detailed breakdown of intellectual property classes is provided, including copyright, trademark, registered design, and letters patent, with emphasis on their respective protections and requirements.
  • One participant suggests that "Design Right" may be equivalent to "Trade Dress" in the US, indicating a potential overlap in concepts.

Areas of Agreement / Disagreement

Participants express varying levels of understanding and familiarity with design rights, and while some definitions are presented, there is no consensus on the nuances or implications of these terms across different jurisdictions.

Contextual Notes

Participants acknowledge that the protection of intellectual property is subject to variations in laws across different countries, which may affect the application and interpretation of trademarks and design rights.

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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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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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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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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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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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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.