Nature of Protection

• A trademark (TM) protects brand identifiers like names, logos, and slogans.
  
• Copyright protects original literary, artistic, musical, and dramatic works.
  
• Design protection covers the visual appearance of an article or product.
  
• TM focuses on commercial identity and brand recognition.
  
• Copyright and design protect aesthetic and creative expressions.
  

Scope and Subject Matter

• TM applies to words, symbols, colors, shapes, or packaging that distinguish goods or services.
  
• Copyright applies to books, paintings, films, software, music, and artistic works.
  
• Design applies to shape, configuration, pattern, or ornamentation of articles.
  
• TM and copyright can cover intangible content, while design applies to physical products.
  
• Functional features are excluded from both copyright and design protection.
  

Registration and Formalities

• TM requires registration for stronger enforcement, though common law rights may exist.
  
• Copyright exists automatically upon creation without registration.
  
• Design protection requires registration under the Designs Act, 2000.
  
• TM and design applications involve examination and publication.
  
• Copyright registration is optional but recommended for legal proof.
  

Duration of Protection

• TM protection can be renewed indefinitely in 10-year intervals.
  
• Copyright lasts for the life of the author plus 60 years.
  
• Registered designs are protected for 10 years, extendable by 5 more years.
  
• TM offers the longest potential protection among the three.
  
• Design rights are time-bound and non-renewable beyond 15 years.
  

Use in Commercial Strategy

• TM builds brand identity and consumer trust in the marketplace.
  
• Copyright safeguards creative content and intellectual expression.
  
• Design rights help protect innovative product aesthetics and prevent copying.
  
• All three can coexist as part of an integrated IP portfolio.
  
• Strategic use depends on the nature and commercial intent of the asset.