The scope of protection of the design patent right to represent the design of the product in the picture or photo shall prevail, a brief description can be used to explain the picture or photo of the product represented by the design. Infringement evaluation of product similarity of appearance patent: 1, judgment premise: to determine whether the accused infringing product and the patent product belongs to the same kind of product does not belong to the same kind of product can not be compared. 2, judgment scale: should not be based on the design patent belongs to the field of professional and technical personnel of the aesthetic observation ability. The overall shape is the same, the visual effect is the same; local micro inconsistency, from the point of view of consumers will not pay attention to the details of the difference is not a similarity comparison. Identical or similar determination in accordance with the following manner: (1) if the two shapes, patterns, colors and other major design parts (the main part) is the same, then it should be considered that the two are the same design; (2) if the composition of the elements of the main design part (the main part) is the same or similar, the secondary part is not the same, then it should be considered that it is similar to the design; (3) if the two main design parts or the main part or not the same or not the same, then it should be considered that it is similar design; (3) if the two main design parts or the main part or not the same or not the same or not the same, then it should be considered that it is similar to the design. or essential parts or not the same or not similar, then it should be considered as not the same or not similar design. Apply for registration of trademark registration, approved to have their own trademark ownership will not be infringed, otherwise it is likely to be pursued for infringement. Relevant laws and regulations:
"The Chinese people*** and the State Anti-unfair Competition Law" Article 21 of the unauthorized use of the name, packaging, decoration, or the use of well-known goods, or the use of the name of the well-known goods similar to the name, packaging, decoration, resulting in confusion with others and well-known goods, so that the buyer mistakenly believe that it is a well-known goods, supervision and inspection departments shall order the cessation of unlawful acts, confiscate the proceeds of the violation, and may, depending on the circumstances, impose a penalty of imprisonment for a term of five years. Income, may be imposed according to the circumstances of the illegal income of more than double or triple the following fine; the circumstances are serious, you can revoke the business license; the sale of shoddy goods, constituting a crime, shall be investigated for criminal responsibility.
Article 57 of the Trademark Law of the People's Republic of China, any one of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) using a trademark identical to the registered trademark on the same kind of commodities without the permission of the trademark registrant;
(2) using a trademark similar to the registered trademark on the same kind of commodities without the permission of the trademark registrant; or using a trademark on similar kinds of commodities without the permission of the trademark registrant;
(3) using a trademark similar to the registered trademark on the same kind of commodities or on similar kinds of commodities without the permission of the registered trademark registrant. trademark, or using a trademark identical with or similar to its registered trademark on similar goods, which may easily lead to confusion;
(3) selling goods infringing on the exclusive right to use a registered trademark;
(4) counterfeiting or unauthorized manufacture of another person's registered trademark mark or selling counterfeited or unauthorized manufacture of a registered trademark mark;
(5) replacing a registered trademark without the consent of the trademark holder and placing the replacement mark on the same goods;
(6) using the same or similar trademark on the same goods without the permission of the trademark holder its registered trademark without the consent of the trademark registrant, and the replacement of the trademark of the goods into the market again;
(vi) intentionally provide facilities for the infringement of the exclusive right to use trademarks of others, to help others to commit infringement of the exclusive right to use trademarks;
(vii) caused other damage to the exclusive right to use the registered trademarks of others. Violation of laws related to food packaging safety, belonging to the three products! The other party if you do not apply for a patent for the design, and the packaging itself is merely similar, to pursue infringement liability, generally will not be supported by the court.