The definition of design as mentioned in the Indian Designs Act specifically excludes trademark and relying on this exclusion, the Delhi High Court in a passing off suit filed by Crocs agreed with the prohibition contained in the Designs Act held that a registered design cannot be a trademark. The features of designs such as shape, configuration, pattern, ornament or composition of lines or colours applied to any article, even if used as a trade mark, cease to be a trade mark on registration being granted to the same as a design. It was held that once the design registration is obtained, the Registered Proprietor is to be deemed to have surrendered, abandoned, acquiesced and waived all rights to use such features as a trade mark.
Omesh Puri in his Mondaq article, discusses the case wherein the Delhi High Court rules that Design cannot constitute Trademark