The meaning of trademarks and patents
trademark
A trademark is a symbol used by an enterprise as a legal person on the goods or services it provides, which can distinguish its goods or services from those provided by other market entities.
patent
Patent right refers to the right granted by the state patent office to the applicant for invention-creation to monopolize, utilize and dispose of his invention-creation within a certain period of time in accordance with the provisions of the patent law.
The reason why trademarks are widely used is that they are only signs to distinguish other goods and services. Centralized monopoly of patents makes it easier to seize the market. If others don't infringe your trademark right, they don't need to rely on the trademark to attack their competitors (except in brand building and product quality, but they don't need to rely on the function of the trademark itself), but patents can.
If an enterprise only applies for a trademark, but there is no relevant patent to protect it, then the intellectual property protection done by the enterprise is still very primary. China's patent law implements the principle of first application. A trademark does not exist before it is used. It also does not protect products or methods that have been used before but have not yet been patented.
The difference between trademark and patent
Trademarks and patents belong to the category of intellectual property rights. They are not only the embodiment of intangible assets, but also the embodiment of soft power of enterprises. They can also protect intellectual property rights and create wealth, and they can also operate. Stereo trademarks and design patents are related to the shape or physical packaging of trademarks.
trademark
Transfer, license, pledge, etc. It belongs to the business scope, but trademark management is generally not used in the industry.
patent
Patent operation is also very practical. Patent transfer, licensing, pledge and financing can help enterprises win wealth.
Which products can apply for design patents?
1. You can apply for a design patent, as long as the shape, pattern or combination of the product and the collection of colors, shapes and patterns are beautiful, suitable for new industrial designs, such as mobile phones, watches, televisions, computers, teapots, automobiles, etc., and meet the above requirements.
2. The carrier of design must be the product. Non-replicable handicrafts, agricultural products, livestock products and natural objects cannot be used as the carrier of design. In other words, these non-product carriers cannot apply for design patents.
To sum up, all the above products can apply for design patents. Trademarks are divided into commodity trademarks, service trademarks, group trademarks and certification trademarks. Class 45 trademarks include all registered trademarks, which can be applied as long as they are related to the product, but the design patent only protects the design or packaging of the product, not the performance or structure of the product.
Therefore, in order to fully protect intellectual property rights, we should not only register or apply in one field, but also protect intellectual property rights as a whole and formulate corresponding strategies. If you encounter any problems in the process of trademark use, please consult Bajie Zhichan Trademark Network, which is committed to inserting the wings of intellectual property rights for all enterprises in China!