The similarities between trademarks and designs are:

1. They are both combinations of shapes, patterns, and colors;

2. They are both related to specific goods. Quality is closely related;

3. They all fall within the scope of intellectual property rights.

The differences are:

1. Different constituent elements;

2. Different functions;

3. Different protection periods.

Legal Basis

Article 2 of the Patent Law of the People’s Republic of China that took effect on June 1, 2021

Design refers to A new design that is aesthetically pleasing and suitable for industrial applications based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.

Article 4 of the "Trademark Law of the People's Republic of China"

Natural persons, legal persons or other organizations need to obtain exclusive rights to trademarks for their goods or services during production and business activities. , you should apply for trademark registration to the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

Article 8

Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, colors Combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks.