Although many people have generally strengthened their understanding and protection of trademarks, there are still many people who do not have a strong awareness of protection. Bajie Intellectual Property Trademark Transfer Network reminds companies to apply for patents after registering trademarks to avoid infringement incidents and fully protect their own interests!

The meaning of trademarks and patents

Trademarks

A trademark is a sign used by a corporate legal person in the goods or services it provides. It can distinguish its goods or services Be distinguished from the goods or services provided by other market entities.

Patent

Patent refers to the right granted by the national patent authority to the applicant of an invention to exclusively own, implement and dispose of his invention within a certain period of time in accordance with the provisions of the Patent Law.

Trademarks are actually heavily used because they are simply signs that distinguish other goods and services. Patents concentrate monopolies, which makes it more likely to capture the market. If others do not infringe your trademark rights, they do not need to rely on trademark means to attack competitors (except for being able to compete and compare with competitors in terms of brand building and product quality, but do not need to rely on the function of the trademark itself), however, patents Can.

If a company only applies for one trademark but has no relevant patents to protect, then the company’s intellectual property protection is still very rudimentary. my country’s patent law implements the first-to-file principle. A trademark does not exist before it is used. It also does not protect previously used products or methods that have not yet been patented.

The difference between trademarks and patents

Trademarks and patents belong to the category of intellectual property rights. They are not only the embodiment of intangible assets, but also the embodiment of corporate soft power. They can also fulfill functions of protecting intellectual property, creating wealth, and can also be operated. Three-dimensional trademarks and design patents relate to the shape or physical packaging of the trademark.

Trademark

Transfer, licensing, pledge, etc. are within the scope of business, but trademark management is generally not used within the industry.

Patent

Patent operation is also very practical. Patent transfer, licensing, pledge, financing, etc. can help companies win wealth.

Which products can apply for design patents?

1. Design patents can be applied for, as long as the shape, pattern or combination of the product, as well as the collection of colors, shapes and patterns are beautiful and suitable for new industrial designs, such as mobile phones, watches, TVs , computers, teapots and cars, these industrial designs meet the above requirements.

2. The carrier of the design must be a product. Handicrafts, agricultural products, livestock products and natural items that cannot be copied cannot be used as carriers of designs. In other words, these non-product carriers cannot apply for design patents.

To sum up, all the above products can apply for design patents. Trademarks are divided into commodity trademarks, service trademarks, group trademarks and certification trademarks. Class 45 trademarks include all registered trademarks, which can be applied for as long as they are related to products. However, design patents only protect the appearance design or packaging of the product, not the performance or structure of the product.

Therefore, to comprehensively protect intellectual property rights, we must not only register or apply in one field, but also protect intellectual property rights as a whole and formulate corresponding strategies. If you encounter any problems during the use of trademarks, please feel free to consult Bajie Intellectual Property Trademark Network. Bajie Intellectual Property is committed to giving all Chinese enterprises the wings of intellectual property!