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Trademark, copyright or design: which protection does your product need?

The brand name, the label artwork and the product shape are protected by different laws. Most products need more than one.

Updated 21 Oct 2026 by Kinshuk Legal Consultants

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.