How to distinguish between product decoration and trademarks:

(1) The purpose of use is different. The purpose of decoration is to protect goods, beautify goods and promote goods, while the use of trademarks is to distinguish other goods. Commodities;

(2) Different specificities. Product decoration is non-exclusive, and the exclusive right of a trademark needs to be registered;

(3) Other ways to distinguish product decoration from trademarks.

Legal basis

Article 8 of the Trademark Law of the People's Republic of China

Any person who can transfer the goods of a natural person, legal person or other organization to another person Signs that distinguish goods, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Article 9

The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.

The trademark registrant has the right to indicate "registered trademark" or registered mark.

Article 11

The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

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(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features.

If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.