The carrier of design must be products, and handicrafts, agricultural products, livestock products and natural objects that cannot be repeatedly produced cannot be used as the carrier of design, that is to say, these non-product carriers cannot apply for design patents.
It is not difficult to see from the above description that all products can apply for design patents. Trademarks are divided into commodity trademarks, service trademarks, group trademarks and certification trademarks. Class 45 trademarks include all trademarks that can be applied for registration as long as they are related to products, but design patents only protect the design or packaging, and can also be the design of the product itself, 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 relevant strategies. If you know everything about protection and want to register a trademark and apply for a patent, you can call it ChinaSoft. If you know little, the problem will be solved.
To sum up: copyright only plays the role of registration, and its greatest significance lies in reducing the burden of proof of the author. If others can produce stronger evidence in court, maybe the plot will be reversed. Even if it is not registered as copyright, the original author still enjoys legal rights. In a word, the copyright registration certificate has only constructive effect, but no probative effect; Trademarks and patents are different. Once the registration is successful, the certificate in hand can repel opponents and is a powerful weapon to safeguard rights and interests.
Because trademarks and patent certificates have strong probative effect, entrepreneurs must apply for trademarks and patents in advance before the products go on the market to prevent others from preempting them. In case of cybersquatting, although you can appeal, the procedure is complicated and the cost is high, and many disputes have not been resolved so far. Ask entrepreneurs to give us a lesson. In addition, it is best to do copyright registration's important works. If you don't want to be a copyright registration, you can leave a piece of evidence for yourself in the simplest way, that is, apply for an email address of a well-known company and send a copy of your work to the email address. The time and content on the email will be important evidence when defending rights. Although the legal effect of e-mail is lower than that of copyright registration, and the cost of proof is likely to be higher than that of copyright registration, this method can also be regarded as a regret medicine.
I hope I can help you!