Yesterday I was asked during a coaching session: Can trademark be an alternative to industrial design ❓️
The answer to this question (applicable in OAPI region) comes down to two main points:
1️⃣ Trademark is a distinctive sign intended to indicate to the consumer the origin of a product or service. It can be protected by registration with an industrial property office for an indefinite period, provided that the rights are maintained by renewal every 10 years.
2️⃣ Industrial design on the other hand, refers to the appearance of a product. It can be protected by filing with an industrial property office or by copyright which for its part does not require administrative formalities because the right is acquired by the sole fact of the creation of the original work.
However, it is recommended to date your creation in order to have evidence in the event of litigation. In OAPI region, design rights shall expire at the end of the fifth year but can be renewed for further two consecutive periods of five years . This duration may vary depending on the legislation in which you are located; it is therefore recommended to check the corresponding duration in the territory of interest.
🎯 In conclusion trademark is not an alternative to the industrial design and vice versa. Nevertheless, these rights can be complementary, it is thus important to keep in mind that the choice of protection depends on the company objectives as well as the resources available.
