First, the objects to be protected are different.
The protection object of appearance patent is the decorative or artistic appearance design of the product, which can be plane pattern or three-dimensional modeling, and the most common is the combination of the two.
The object of trademark protection is the specific logo pattern that distinguishes products, which is basically based on words and does not involve the shape and structure of the products themselves.
Second, the review process is different.
The design patent only needs a simple examination form, that is, the patent office examines the requested and applied pictures, samples or models.
According to the provisions of China's patent law, if the application for a patent for appearance is rejected after preliminary examination, the patent office shall make a decision to grant the patent right for appearance, issue the corresponding patent certificate, register it and announce it.
According to China's Trademark Law, trademark examination is divided into formal examination and substantive examination. On the basis of formal examination, substantive examination is to examine whether the words, graphics, their meanings and objective effects of a registered trademark meet the registration conditions. So as to make a conclusion of approval or rejection of the trademark application. After the substantive examination is passed, there will be a three-month objection period. During this period, if no one raises an objection or someone raises an objection but it cannot be established, the registration will be approved. It can be seen that the examination process of trademarks is stricter than that of appearance patents.
Third, the guarantee period is different.
The term of validity of a design patent is 10 years from the date of application and cannot be renewed.
The period of validity of the exclusive right to use a trademark is 10 year from the date of approval, and it can be extended indefinitely after the expiration, and each renewal time is 10 year.
Fourth, the standards for determining infringement are different.
The criterion for judging the infringement of design patent is whether the overall visual effect between the accused product and the design patent is similar, and similarity constitutes infringement;
The criterion for judging trademark infringement is whether the accused trademark may confuse consumers compared with trademarks, and if it confuses consumers, it constitutes infringement.
Fifth, protection has different meanings.
Trademarks mainly distinguish different sources of the same or similar goods or services through their distinctiveness and identification principles, so as to maximize commercial interests in commercial competition. Therefore, the design of the trademark will be more distinctive.
Although appearance design is different from other designs to some extent, it is mainly combined with products in practical use. The design should not only be differentiated, but also match the practicality of the product.
Sixth, the degree of legal strictness is different.
A trademark must be applied to the state trademark administration authority and registered with approval, and only the trademark owner can enjoy the exclusive right to use the trademark. The design patent does not need to undergo substantive examination, but only needs to apply to the state patent administration authority. If there is no reason for rejection after preliminary examination, the Patent Office will grant the design patent certificate. Compared with the acquisition of trademark right, the acquisition of design patent right is more complicated and strict in procedure.
What is the difference between appearance patent and trademark patent application infringement judgment? Here is an introduction to the issue of intellectual property rights. If you have any questions or suggestions that you don't understand, please feel free to consult us.
Application process of patent application materials for appearance patent application