Trademark Design

trademark design

A trademark design is a design that is representative of a company, brand, goods or services.  It is just as important for designs to be protected as other forms of trademarks, due to the fact that designs are easier to remember than names or words for the many consumers. Obtaining your own design right could therefore be highly beneficial and an effective marketing tool. Starting Business are fully equipped to assist you in obtaining the rights to your design and we can also assist you with the trademark design itself.

Requirements for a Trademark Design

Not all mark designs qualify for a trademark registration status. Designs must meet certain criteria in order to become registered, the criteria is typically as follows:

  • The design must comprise of elements such as shape, configuration, pattern or ornamentation which make up its aesthetic appeal to the intended market.
  • The design should avoid representing a particular function which the design is to perform, but rather be unique artwork.

Trademark Design Protection

The law applicable for trademark design protection is the registered designs law. This particular legislation aims to safeguard the appearance of a manufactured article. Obtaining your own design right will provide you will the necessary protection to bring legal action against anyone infringing on your design rights. There are a variety of reasons why registering your design is more advantageous than not, but some of the primary benefits of a design right include the right for the design to be sold, mortgaged and licensed.

It is not compulsory to register a design, however, unregistered designs are only protected against direct copying and nothing more. This means that if another person can prove their “copied design” was in fact created entirely independently then there will be no case for infringement. This causes a number of problems and can become a complex and time consuming legal matter, so to avoid the unnecessary complications it is advisable to register your design. By owning your own design rights you will have a monopoly over the design – ensuring the highest levels of protection.

For further information regarding our trademark design services and how Starting Business can assist you, Contact Us using our online form.