1. Define and protect objects:
-Appearance patent: Appearance patent protects the appearance design of a product, that is, the shape, pattern, color or combination thereof. It focuses on the appearance characteristics of products.
-Trademarks: Trademarks are signs used to identify and distinguish the source of goods or services, which can be words, figures, patterns, symbols, letters, numbers, etc. It focuses on the identification of goods or services.
2. Scope and duration of protection:
-Design patent: A design patent protects the design of a product. Without authorization, others may not manufacture, sell, import or use the patented design. The protection period of a design patent is usually 10 to 15 years.
-Trademarks: Trademarks protect the marks of goods or services, and others may not use the same or similar trademarks without authorization. As long as the trademark holder has been using and maintaining the trademark, the protection period of the trademark can be extended indefinitely.
3. Application and review procedures:
-Design patent: To apply for a design patent, you need to submit the drawings and descriptions of the design, and judge whether it meets the protectability conditions stipulated in the Patent Law after examination.
-Trademark: To apply for a trademark, you need to submit the attached drawings and related materials of the trademark, and judge whether it conflicts with the existing trademark after examination.
To sum up, there are obvious differences between design patents and trademarks in terms of the object of protection, the scope of protection, the time limit and the application and examination procedures. If you want to protect the product's design, you can consider applying for a design patent; If you need to identify and distinguish goods or services, you can consider registering a trademark.
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