The "trade mark" and a "design" are entirely different connotations because the "trade mark" is a device, label, colour, name or any other mark put on a product to link it to its manufactuer/producer, who may be the proprietor of the registered trade mark or who might have acquired reputation in an unregistered trade mark on account of its prior use arid reputation in the trade. On the other hand, the "design" is merely a feature of shape, pattern, configuration, ornament or composition of lines or colours applied to an article to make it attractive and appealing to the eye of the consumer. A "trade mark" may also be attractive and appealing to the eye but it should be directly relatable to the producer/manufacturer of the goods whereas the "design" may be merely appealing or attractive to the eye and need not give any indication to the consumer/purchaser about the identity of the manufacturer or producer of the article. The fundamental difference, therefore,' between a "trade mark" and "design" is that "trade mark" signals to the mind the source or identity of the producers/manufacturer of the article whereas "design" appeals to the eye and attracts the consumer/purchaser. It need not necessarily reveal the identity of producer to the consumer though in certain well know designs the identity even may get conveyed. A producer or manufacturer may put his trade mark also on a designed product so that it is conveyed to the consumer that he has produced it.
