The scope of protection of a design patent right is based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo. Infringement evaluation of product similarity for appearance patents: 1. Judgment premise: Determine whether the alleged infringing product and the patented product are similar products. If not, they cannot be compared. . 2. Judgment criteria: The aesthetic observation ability of professional and technical personnel in the field to which the design patent belongs should not be used as the criterion. The overall shape is the same and the visual effect is the same; local microscopic inconsistencies and differences in details that consumers will not notice are not compared for similarity. Identical or similar design shall be determined in the following manner: (1) If the main design parts (essential parts) such as shape, pattern, color, etc. of the two are the same, the two shall be considered to be the same design; (2) If the constituent elements If the main design parts (essential parts) of the two are the same or closely similar, but the minor parts are different, they shall be considered to be similar designs; (3) If the main design parts or essential parts of the two are different or not similar, shall be considered to be different or dissimilar designs. Applying for trademark registration and having your own trademark ownership will not infringe upon approval, otherwise you may be held liable for infringement. Relevant legal provisions:

Article 21 of the "Law of the People's Republic of China and the State Against Unfair Competition": Operators use the unique names, packaging, and decoration of well-known products without authorization, or use the names, packaging, and decorations unique to well-known products, or use them in a manner similar to that of well-known products If similar names, packaging, and decorations cause confusion with other people's well-known goods, causing buyers to mistake them for the well-known goods, the supervision and inspection department shall order them to stop the illegal behavior, confiscate the illegal gains, and may impose a fine of twice the illegal gains according to the circumstances. A fine of not more than three times but not more than three times; if the circumstances are serious, the business license may be revoked; if the sale of counterfeit and inferior goods constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 57 of the "Trademark Law of the People's Republic of China" commits any of the following acts, which shall constitute an infringement of the exclusive right to use a registered trademark:

(1) Without permission Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark similar to the registered trademark on the same product without the permission of the trademark registrant , or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) ) Counterfeit or create without authorization the registered trademark logo of others or sell the registered trademark logo that has been forged or manufactured without authorization;

(5) Without the consent of the trademark registrant, replace the registered trademark and replace the goods with the replaced trademark Put into the market;

(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Registration for others The exclusive right to use the trademark causes other damage. Violates laws related to food packaging safety and is a three-no product! If the other party has not applied for a design patent and the packaging itself is merely similar, it will generally not be supported by the court if it wants to pursue infringement liability.