Now, the Trademarks have evolved from Word to Device, to, 3D + Sound + Color + Shape + Façade! The two requirements for the Trademarks are, the absence of functionality, class restricted, and, the ability to be industrially or otherwise been used. Isn’t this also similar in the case of the Design as well? The functionality is missing in Design, whereas being restricted to a particular Class as well! But yes, the Caveat that I’m speaking about would be that, for the Design, it would be its ability to be filed as PROPOSED! As the provision of Proposed is available in the Trademarks as well, and in any case, if the Design has already been subjected to the industrial application or been disclosed prior to its registration, then its qualification to be filed as Design becomes void & can be Cancelled! Thus, when we have the 3D Shapes, the Façade, the Color Scheme already included in the Trademarks, then why not Merge the Design Act into the Trademarks as well?
