Commodity decoration and trademarks

In the commercial activities of the commodity market, there are many other signs or marks that are very similar to the trademarks. Some of them are related to the commodity economy, but they are different from the trademarks used in the goods, and some are used in the goods. Trademarks are attached to the same thing and they are the same person. These marks or marks can be easily confused with trademarks, so it is necessary to give specific instructions.

Product decoration

Commodity decorating and trademark are both served by the same product as the one attached to the same product. Sometimes the two are often mixed together, which can easily be confused. The common point of both is that they are used for product performance or packaging, and they have a certain decorative effect on the product. . However, the decoration of a commodity is a pattern, a painting, a color, or a text to decorate, beautify, and promote the attachment or package of the commodity. The basic features that distinguish it from trademarks are:

(1) The purpose of use is different

The purpose of decorating is to protect the goods, beautify the goods and promote the goods, and cause the people's desire for beauty and desire of the goods;

The use of trademarks is to distinguish the goods, that is, to distinguish the same or similar goods from different companies; a mark is a mark that indicates that producers and sellers produce and sell goods. To show different producers and sellers of the same or similar goods.

(2) Different specialities

The product packaging is not proprietary and does not require registration. Anyone can change or improve it at any time according to the needs of the market and customers. However, sometimes a commodity packaging pattern is registered as a trademark in accordance with the law, then the decoration of the product is also of a trademark nature, has trademark specificity, and enjoys the exclusive right to use a registered trademark.

Trademarks are used exclusively to distinguish between producers or operators and their products. Once a trademark is legally registered, the trademark owner will obtain the exclusive right to use the trademark. No other person may use the same or similar trademark with the registered trademark on the same kind of goods or similar goods without permission, otherwise it shall be deemed as infringement;

(3) The content of the expression is different

The idea of ​​decorating is to introduce, render, and beautify the content of the product. The content of the decoration must be consistent with the content of the product.

Trademarks are in the form of words, figures, symbols, or combinations thereof, and must have distinctive features to facilitate identification. Trademarks must be used in the packaging of goods or goods, containers, and sold in the market. The trademarks used on goods must be The registered trademarks are the same and cannot be changed.

When using the decoration of goods, it must be noted that: According to Article 50(1) of the "Implementation Regulations of the Trademark Law," on the same or similar goods, the same or similar marks as the trademarks of others shall be used as the name of the goods or the decoration of the goods. Uses that mislead the public; ""belongs to the infringement of the exclusive right to use a registered trademark as stated in Article 52(5) of the "Trademark Law."" According to the "Regulations on the prohibition of counterfeiting of well-known commodities, their unique names, packaging, and decoration are not." Certain Provisions for Justified Competing Behavior" (promulgated by the State Administration of Industry and Commerce on July 6, 1995), and Article 5(2) of the Anti-Unfair Competition Act (promulgated on September 2, 1993) Unique names, packaging, decoration, or use of similar names, packaging, and decorations as those of well-known goods cause confusion with other people's well-known goods, causing the purchaser to mistakenly consider it to be a well-known commodity; this is "unfair competition." These behaviors are all subject to corresponding legal responsibilities.

For some of the unique design of ideas and innovative designs of goods, can apply for a design patent or copyright (ie copyright) to be protected.

When the behavior of competition." These acts are to bear the corresponding legal responsibility.

For some of the unique design of ideas and innovative designs of goods, can apply for a design patent or copyright (ie copyright) to be protected.