General Applicability

• Logos are generally not protected under design registration in India.
  
• Design registration is intended for features applied to physical articles.
  
• It covers shapes, patterns, configurations, and ornamental aspects.
  
• Logos, as standalone visual symbols, do not qualify as industrial designs.
  
• They are usually protected under trademark or copyright laws.
  

Legal Position under the Designs Act

• The Designs Act, 2000 does not include logos in its definition of “design.”
  
• It applies to designs applied to an article by an industrial process.
  
• A logo without association with a physical article is not registrable.
  
• If the logo is embedded into the shape or surface of an article, partial protection may apply.
  
• The Act excludes features of mere trademarks or artistic work.
  

Alternative IP Protections

• Logos are best protected under the Trade Marks Act, 1999.
  
• Trademark registration gives exclusive rights to use a logo in business.
  
• Copyright can protect artistic elements of logos under the Copyright Act, 1957.
  
• These laws offer broader and more appropriate legal remedies for logos.
  
• Protection extends to branding, marketing, and identity usage.
  

Conditions Where Design Law May Apply

• A logo embossed, engraved, or shaped into an article may qualify for design protection.
  
• The logo must be part of the visual design of the product itself.
  
• It must be applied through an industrial process to a tangible article.
  
• The aesthetic form, not the branding function, is protected under design law.
  
• The protection does not cover the commercial identity of the logo.
  

Regulatory Guidelines

• The Design Office does not entertain design applications for pure logos.
  
• The Designs Rules, 2001 align with international design protection standards.
  
• Registrations are granted for products, not for brand marks or emblems.
  
• IP India provides guidance to apply appropriate IP routes for different assets.
  

Separate registrations under trademark and copyright may be necessary.