According to Article 16 of the Detailed Rules for the Implementation of the Patent Law, the name of the design shall be stated in the request for a patent application for design. Therefore, the importance of the product name of the design patent application is self-evident.
The Patent Examination Guide also stipulates that the product name using the design can explain the product type of the design application indicated in the picture or photo. The name of the product using the design shall be consistent with the design shown in the design picture or photo, and accurately and concisely indicate the design of the product to be protected. From the provisions of the Patent Examination Guide, it can be seen that the product name of design should have a certain explanatory effect on the product and play a key role in classifying, determining the field and understanding the patent.
Second, the design of product names frequently asked questions
1. In practice, in order to reflect the trademark and market characteristics of products, many applications for design patents will apply their trademark names to product names. However, product names containing trademarks will make people feel that their products have a strong propaganda purpose, which is not the real intention of the patent system, and will also conflict with their trademarks, misleading consumers to think that the right holder of patent application is their trademark right holder.
2. When the applicant submits a patent application, in order to increase the scope of protection of the product, he often uses improper, too abstract and superior product names. Such as electronic equipment, mascots and other product names. Named after electronic equipment, it can include mobile phones, computers, built-in chips and so on, and these products have different uses and belong to different fields. It is confusing to judge only by the product name. As shown in figure 1, all products can be called electronic devices, but obviously they belong to different products.