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What are the differences between trademark and decoration?

Legal analysis: From the legal point of view, the main differences between commodity decoration and trademark change are as follows:

(1) Once a trademark is approved for registration, it is for the exclusive use of the registrant, and its text and graphics cannot be changed at will unless the application for change is made. Commodity decoration does not need to be registered, and it is not exclusive to a specific subject, but can be changed and improved at any time according to market conditions.

(2) a trademark is not allowed to be the same as the content of the goods it points to, that is, the words and graphics of the trademark cannot relate to the quality, raw materials, functions and uses of the related goods. There is no such restriction on commodity decoration, and the content of its decoration design is often consistent with the content of the commodity.

(3) in China's legal protection system, registered trademarks are protected by trademark law, while commodity decoration can be protected by copyright law as art works, and the decoration of well-known commodities can also be protected by anti-unfair competition law.

legal basis: article 3 of the trademark law of the people's Republic of China is a registered trademark, including commodity trademark, service trademark, collective trademark and certification trademark; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization that has the ability to supervise a commodity or service and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.