Delhi High Court Rules That Design Cannot Constitute Trademark

The definition of design as mentioned in the Indian Designs Act specifically excludes trademark and relying on this exclusion, the Delhi High Court in a passing off suit filed by Crocs agreed with the prohibition contained in the Designs Act held that a registered design cannot be a trademark. The features of designs such as shape, configuration, pattern, ornament or composition of lines or colours applied to any article, even if used as a trade mark, cease to be a trade mark on registration being granted to the same as a design. It was held that once the design registration is obtained, the Registered Proprietor is to be deemed to have surrendered, abandoned, acquiesced and waived all rights to use such features as a trade mark.


Omesh Puri in his Mondaq article, discusses the case wherein the Delhi High Court rules that Design cannot constitute Trademark

http://www.mondaq.com/article.asp?articleid=798884

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