a design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or their combination of products. Design refers to the design of industrial products, that is, the style of industrial products.
From the above definition, there are the following differences between trademark right and design patent right:
1. The components of trademark right and design patent right are different. The design patent is creative, novel and practical with aesthetic feeling as its core. Trademarks are mainly used for identification. What is needed is distinctiveness, but they are not necessarily aesthetic. For example, trademarks such as "Goubuli", "Laoandie", "Laoandie" and "Alcoholic" are hardly aesthetic.
2. Trademark right and design patent right have different functions. A trademark mainly distinguishes different sources of the same or similar goods or services through its distinctiveness. It is attached to the goods or their packaging and does not change the goods themselves, just like adding an identification symbol outside the goods. Appearance design highlights its practical characteristics, requires the aesthetic feeling and novelty of goods, changes and determines the appearance of goods, and often becomes an inseparable part of goods.
in addition, the patent law gives different protection periods to trademark rights and design patents. The Patent Law grants the design patent a 1-year protection period. If the obligee does not apply for renewal at the expiration of the protection period, the patent right will become invalid. After the expiration of the 1-year protection period granted by the Patent Law to trademark rights, the obligee enjoys unlimited opportunities to renew it for 1 years at a time. If the obligee has no intention to terminate the trademark right, the trademark right is indefinite in theory.