Trademarks and product packaging and decoration are also closely related, but they are also fundamentally different. The similarity between the two is that the trademark is part of the product packaging and decoration, and both are used on the product packaging at the same time. The difference between the two is: the function of a trademark is to distinguish different producers or operators of goods; while decoration is to beautify the goods, make them pleasing to the eyes of consumers, and give people a sense of beauty. In order to give everyone a clearer understanding of the differences between the two, the editor summarizes the following points.

1. The purpose of use of the two is different

The purpose of using trademarks is to distinguish the goods produced and sold by different producers and operators, so as to facilitate consumers to recognize the brand and shop. The main purpose of using product decoration is to decorate, beautify and promote products with colorful patterns, paintings, colors and vivid text, so as to stimulate consumers' desire to buy and achieve the purpose of promoting products.

2. Different degrees of stability

Once a trademark is registered, the graphics, text and other elements of the trademark cannot be changed at will, otherwise it will not be protected by the trademark law. Therefore, some trademarks can be used for hundreds of years and are quite stable. They should not be changed frequently, otherwise it will not be conducive to expanding the popularity of the trademark. Decoration generally lacks stability. In order to follow the market, the producers or operators of goods can constantly innovate and change the original text and graphics at any time according to the needs of the market to attract consumers.

3. Different legal protections

Trademarks can obtain exclusive rights through registration. If a trademark is infringed or counterfeited, the infringer has the right to request relief under commercial law. The decoration of goods is not protected by the Trademark Law and does not require registration, but the decoration of well-known goods is protected by the Unfair Competition Law. In this regard, Article 5(2) of my country's Anti-Unfair Competition Law stipulates that unauthorized use of decorations of well-known goods, or use of decorations similar to well-known goods, causes confusion with other people's well-known goods, causing buyers to misunderstand. If it is considered to be a well-known product, it constitutes unfair competition and the operator shall bear legal liability. In addition, trademarks and product decoration can also be protected by copyright law if they qualify as works of art. Similarly, if they meet the design requirements, they can also apply for a color design patent and be protected by the patent law. Although this situation rarely occurs in practice, it is theoretically feasible. Since my country's current legislative power provides direct legal protection for the decoration of well-known products, the use of patent law and copyright law is only an indirect way of protection. In order to expand the scope of protection for decoration, the decoration designer can register the decoration together with the original trademark pattern as a trademark for protection on the premise that the decoration meets the requirements of the trademark design content, which is commonly referred to as the "overall trademark registration process".

4. Different design content requirements

Trademark design is different from general art design. Trademark issuance in various countries has prohibitive regulations on the text, graphics and other elements that constitute a trademark. It can only reflect the intrinsic form of the product and is abstract. The words and graphics used in product decoration are not subject to various restrictions set by the trademark law. Not only are they not forbidden to express the quality, function, use, etc. of the product, but they can use a variety of direct expressions to indicate the above content and reflect the content. The external form of the product.

5. Different forms of expression

Both trademarks and product decoration can use words, graphics and other elements or their combinations as their forms of expression, but in addition to this, trademarks also have other forms of expression. Sound or smell can be used as a mark, but product decoration cannot be used.

6. The size of the pattern area is different

Usually, the area of ??product decoration is larger than that of the trademark, and in order to attract customers, the color of the picture is usually dazzling.

7. The design ideas of patterns are different

Trademarks must be distinctive, and their pattern design should focus on the personality and pursuit of the trademark owner, so as to differentiate it from other products. The trademark patterns designed by producers and operators are different from each other. Product decoration, on the other hand, is more intuitive and focuses on beautification. It does not need to be conspicuous, as long as it can meet the needs of consumers and stimulate the desire to buy.

8. Differences in exclusivity

Once a trademark is registered, the trademark right obtained by the right holder is absolutely proprietary and exclusive. No one may use it without the permission of the trademark owner. Use marks that are identical or similar to the registered trademark on goods that are identical or similar to the registered trademark. Among product decorations, only the decorations unique to well-known products are proprietary and exclusive.

The so-called "well-known products" refer to products that have a certain reputation in the market and are known to the relevant public. Products