No, because the appearance is also patented or trademarked, and using someone else’s product to put your own trademark on it can easily constitute infringement.
The following is the method for determining appearance infringement:
1. The
view of the appearance patent usually has six sides. If the other side of the symmetry is the same, it can be omitted. On one side, the bottom or back, which is not easily visible during actual use, can also be omitted. Therefore, some pictures may only have four or five sides. When comparing similarities and differences
, you should first look at the main view, and then compare the side view or house view. For many products, the similarities and differences between looking down and looking up are generally not very important, but for smaller products, you should look at them from all angles. Comprehensively judge their similarities and differences.
2. For some transparent or translucent products, attention should also be paid to the visual effects in the transparent state. If another product has the same appearance and shape, but another product adopts a completely transparent design, its visual effect may be very different, making it difficult to confuse and distinguish two products with the same shape. At this time, the same judgment cannot be easily made.
3. For some products that have multiple changing states during use, attention should also be paid to the visual contrast effects in different states. Infringement judgments cannot be made based on the approximation in one state.
4. In addition, you can also compare from the design key points of the appearance design. The design key points are often its unique and innovative points. If the key points of the design are the same or similar and there is no obvious difference in the remaining parts, it shall be deemed as infringement.
5. When judging whether a design product is infringing, you should observe and compare it from several perspectives, and finally make a comprehensive judgment whether it is the same or similar.