1, the protected objects are different.
The object of appearance patent protection is the artistic or decorative design of the product, which can be plane pattern or three-dimensional modeling, or both. The object of trademark protection is to distinguish the signs or patterns of products, usually with words as the main body, and does not involve the shape or structure of the products themselves.
2. The review process is different.
Maihui. Com thinks that the examination form of design patent is relatively simple, and the patent office will examine the pictures, models or samples of the application, and it can pass if there is no reason for rejection in the application process. The examination of trademarks is relatively strict, which is divided into formal examination and substantive examination. Substantive examination is to examine the words, figures and meanings of a trademark on the basis of formal examination, and there will be a three-month objection period in the middle. During this period, if no objection is raised or the objection cannot be established, the trademark can be registered.
3. The duration of protection is different
The term of validity of the 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.
4. The standards for determining infringement are different.
Maihui. Com proposes that if the overall visual effect between the accused product and the design patent is similar, it constitutes infringement. If the accused mark is likely to confuse consumers compared with the trademark, it constitutes infringement.
5. The meaning of protection is different.
Maihui. Com proposed that the design should not only be differentiated, but also match the practicality of the product. Trademarks, on the other hand, distinguish different sources of the same or similar goods through distinctiveness and identifiability, so as to maximize commercial interests in commercial competition.
6. The degree of legal strictness is different.
An application for a patent for design does not need substantive examination, but only needs to be submitted to the Patent Office. If there is no reason for rejection after preliminary examination, the Patent Office will grant the design patent certificate. A trademark must be applied to the state trademark administration authority and approved for registration before the trademark owner can enjoy the exclusive right to use the trademark. Maihui. Com believes that the examination of trademarks is stricter than that of design patents.