In the field of intellectual property, although design patent applications and trademark registration applications both give people visual effects, and there are some different principles for infringement of the two, Maihui.com would like to remind you, There are obvious differences between the two that need to be distinguished.

1. The objects of protection are different

The objects protected by appearance patents are the artistic or decorative designs of products, which can be plane patterns or three-dimensional shapes, or both. The object of trademark protection is the logo or pattern that distinguishes the product. It usually uses text as the main body and does not involve the shape or structure of the product itself.

2. Different review procedures

Maihui.com believes that the review form for design patents is relatively simple. The Patent Office will review the applied pictures, models or samples. During the application process It can be passed if no reason for rejection is found. The examination of trademarks is relatively strict and is divided into formal examination and substantive examination. The substantive examination is based on the formal examination and examines the text, graphics and meaning of the trademark. There is also a three-month opposition period. During this period, if no one raises an objection or the objection cannot be established, the trademark to pass registration.

3. The duration of protection is different

The design patent is valid for 10 years from the date of application and cannot be renewed. The exclusive right to use a trademark is valid for 10 years from the date of approval, and can be renewed without limit upon expiration. Each renewal period is 10 years.

4. Different infringement assessment standards

Maihui.com proposed that if the overall visual effect between the accused product and the design patent is similar, it constitutes infringement. If the accused logo is likely to cause confusion among consumers when compared with the trademark, it constitutes infringement.

5. Different protection meanings

Maihui.com proposed that in addition to being distinctive, the appearance design must also match the practicality of the product. Trademarks use distinctiveness and identification to distinguish identical or similar goods from different sources, thereby maximizing commercial interests in commercial competition.

6. Different levels of legal strictness

A design patent application does not need to undergo substantive examination. It only needs to be submitted to the Patent Office. After preliminary examination, there is no reason for rejection, and the design will be granted by the Patent Office. Patent certificate. A trademark must be applied to the national trademark management authority and approved for registration. Only the trademark owner can enjoy the exclusive right to use the trademark. Maihui.com believes that the review of trademarks is more stringent than that of design patents.