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The difference between product decoration and trademark, and what are the legal provisions?

Trademark is a specialized legal term. After a brand or part of a brand is registered by the relevant government departments in accordance with the law, it is called a "trademark". Trademarks are protected by law, and the registrant has exclusive rights. Well-known trademarks in the international market are often registered in many countries. There is a distinction between "registered trademarks" and "unregistered trademarks" in China. Registered trademarks are trademarks that are protected by law after being registered with relevant government departments. Unregistered trademarks are not protected by trademark laws. Product decoration refers to the decoration on product packaging. Its function is to explain or beautify the product. This is different from a trademark, which is a special mark to distinguish the source of the product. Some products, such as cans, wine, snacks, candies, etc., have obvious differences in their trademarks and product decorations, making them easy to distinguish. In addition, for some products, such as cigarettes, soaps, batteries, etc., consumers are accustomed to identifying the products based on the packaging patterns. In other words, the pattern of the entire package plays the role of marking. Therefore, it is both decoration and trademark. 1. Legally speaking, the basis difference between the two is: (1) The trademark is exclusive, and its text and graphics cannot be arbitrarily adapted after approval and registration; while product decoration is not exclusive and does not need to be registered. It can be sold according to the market circumstances, subject to changes and improvements at any time. (2) The trademark pattern focuses on distinctiveness to achieve the purpose of distinguishing different producers and operators; the decoration focuses on rendering and beautifying the goods to arouse aesthetic feeling and demand desire. (3) The trademark is not allowed to be the same as the content of the product. For example, orange is not allowed to be used as the trademark of canned oranges, but the decoration is different. The oranges on the decoration indicate that the can is filled with oranges and not other items. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify the source of goods or services, or to license others to use them for compensation. Broadly speaking, trademarks promote a positive and enterprising spirit around the world by rewarding their registrants with recognition and economic benefits. Trademark protection also prevents unscrupulous competitors, such as counterfeiters, from using similar distinctive marks to promote inferior or different products or services. This system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thus promoting the development of international trade. What are the provisions of the law? Our country's laws stipulate that trademarks are a type of legal mark stipulated by law and no unauthorized tampering is allowed. But the decoration of the goods is different. It can be appropriately adjusted and modified appropriately. The definition of this type of product is quite different, and the functions of the two are quite different.