Both appearance patent rights and trademark patent applications belong to the category of intellectual property rights, and both give people visual effects. The two infringement determinations also have some different principles, such as the classification of similar products or goods. And the principles for determining infringement such as whole and partial infringement, but there are obvious differences between the two:

First, the objects of protection are different

The object of protection of appearance patents is the decoration of products Sexual or artistic appearance design, this design can be a flat pattern or a three-dimensional shape, and the most common one is a combination of the two.

The object of trademark protection is a specific logo pattern that distinguishes a product. It basically uses text as the main body and does not involve the shape and structure of the product itself.

Second, the examination process is different

Design patents only require a simple formal examination, that is, the patent office examines the request and the applied pictures, samples or models.

According to the provisions of my country's Patent Law, if no reason for rejection is found after preliminary examination of the design patent application, the Patent Office shall make a decision to grant the design patent right, issue the corresponding patent certificate, register and announce it.

my country’s trademark laws stipulate that trademark review is divided into formal review and substantive review. Substantive examination is based on formal examination to examine whether the words, graphics and their meanings, objective effects, etc. of the trademark applied for registration meet the registration conditions. Therefore, the trademark application will be approved for registration or rejected. After passing the substantive examination, there will be a three-month opposition period. If no one raises an objection within this period or someone raises an objection but it cannot be established, the registration will be approved. It can be seen that the review process for trademarks is more stringent than that for design patents.

Third, 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.

Fourth, the standards for determining infringement are different

The standard for determining design patent infringement is whether the overall visual effects between the accused product and the design patent are similar. If they are similar, then Constituting infringement;

The criterion for determining trademark infringement is whether the accused logo is likely to cause confusion among consumers compared with the trademark. If it causes confusion among consumers, it constitutes infringement.

Fifth, the meaning of protection is different

Trademarks mainly use their distinctiveness and identification principles to distinguish the same or similar goods or services from different sources, so as to achieve competitiveness in commercial competition. Maximize business interests. Therefore, the design of the trademark will be more distinctive.

Although the appearance design is somewhat different from other designs, it is mainly combined with the product and manifested in the practicality of the product. The appearance design must not only be distinctive, but also must be able to match the practicality of the product.

Sixth, the strictness of the law is different

Trademarks must be applied to the national trademark management agency and approved for registration. Only the trademark owner can enjoy the exclusive right to use the trademark. Design patents do not need to undergo substantive examination, and only need to submit an application to the national patent administration agency. If there is no reason for rejection after preliminary examination, the Patent Office will grant a design patent certificate. Compared with obtaining trademark rights, the procedure for obtaining design patent rights is more complicated and strict.

What are the differences in determining infringement of design patent rights and trademark patent applications? Regarding the issues, intellectual property rights will be introduced here first. If you still don’t understand anything or have suggestions, please feel free to consult us. Appearance patent application process Appearance patent application Patent application materials