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Answers · Designs & Copyright

Should I register a design or a trademark for my product's look?

The short answer

They protect different things: a design registration protects the aesthetic shape/pattern of the product itself (10 years, extendable by 5); a trademark protects signs that identify the source, potentially forever. Distinctive product looks often justify both, sequenced correctly.

Design registration is for the visual features of an article — shape, configuration, pattern, ornament. It is fast and inexpensive in India, but it must be filed before the design is published or sold; novelty is a condition.

Trademark protection for a shape or packaging (trade dress) is possible but demands proof that the look identifies you in buyers' minds — a much higher bar, usually built over years of use.

A practical sequence

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General information about Indian IP practice, not legal advice for your situation — that requires the facts of your case.