Take a typical consumer product — a lip balm, a spice pack or a mehendi cone. Three different things about it may be copied, and each is protected by a different law.
| What is copied | Best protection | Duration |
|---|---|---|
| Brand name and logo | Trademark | 10 years, renewable indefinitely |
| Label artwork and graphics | Copyright (and trademark for the label as a whole) | Life of author + 60 years |
| Shape or look of the product or container | Design registration | 10 years + 5 years |
| Overall get-up and trade dress | Trademark and passing off | As long as used |
Trademark
Protects anything that identifies your business as the source — name, logo, tagline, label, even colour combinations and shapes in suitable cases. It lasts as long as you keep using and renewing it.
Copyright
Protects the artwork on your label and packaging as a creative work. It is useful when a copier changes the brand name but copies the design of the label.
Design
Protects new and original shapes, configurations, patterns and ornamentation applied to an article, judged by the eye. A lip balm shaped like a strawberry or a distinctive bottle is a typical design. Novelty is essential, so file before you launch or show the product publicly.
Passing off
Even without any registration, the law of passing off protects goodwill against misrepresentation. It requires proof of reputation and confusion, which is harder than proving infringement of a registration.
Our recommendation
For a product with a distinctive look: file the trademark for the name, register the label artwork under copyright, and register the product shape as a design before launch.
This guide explains the general position in India. Fees and rules change; your facts may change the answer. Speak to us before acting on it.