Legal Subjectivity:
How to distinguish commodity decoration from trademarks. The basic characteristics that distinguish commodity decoration from trademarks are: (1) Purpose of use. The purpose of different decorations is to protect goods, Beautify and promote goods, arouse people's aesthetic feeling and desire for goods; use of trademarks is to distinguish goods, that is, to distinguish the same or similar goods from different companies; trademarks are used to indicate the goods produced and sold by producers and sellers mark. To indicate different producers and sellers of the same commodity or similar commodities. (2) Different specificities. Product packaging is non-specific and does not require registration. Anyone can change or improve it at any time according to the needs of the market and customers. However, sometimes the horizontal packaging pattern of a product is registered as a trademark in accordance with the law, then the product decoration has the nature of a trademark and has trademark exclusiveness, and enjoys the exclusive right to register a trademark. Trademarks are specially used to distinguish producers or operators and their products. Once a trademark is registered in accordance with the law, the trademark owner obtains the exclusive right to use the trademark. No other person may use the same or similar trademark to the registered trademark on the same or similar goods without permission, otherwise it will be regarded as infringement; (3 ) The content expressed by different decorations is to introduce, render and beautify the content of the product. The content of the decoration must be consistent with the content of the product; the form of trademark expression is text, graphics, marks or a combination thereof, and must have distinctive features for easy identification. The trademark must be used on the goods, or the packaging or containers of the goods, and be sold in the market. The trademark used on the goods must be consistent with the registered trademark and cannot be changed. During the actual operation, it is recommended to seek professional advice and ask the professional lawyers of the website to deal with it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If there is something you don’t understand. You can also search for relevant legal solutions.