The resemblance, differences, and correlation between trademark and industrial design

Abstract

The changes that have occurred in the European Union design protection law have essentially modified the very notion of industrial design, and the function that it has on the market became more emphasized. Therefore, the nature of the industrial design became more similar to the nature of the trademark, which makes it possible for us to analyse their correlation. In the following paper the author examines the definition and the nature of industrial design using the comparative and historical scientific method. Then he compares the industrial design to a trademark by examining resemblance, differences, and overlap regarding the legal protection of these intellectual property rights. The purpose of such a paper is to make conclusion about the polyvalent nature of industrial design and explore if there are some functions of industrial design in the market that have not been attributed to it so far.