Commodity decoration and trademarks

In the commercial activities of the commodity market, there are many other signs or marks that are very similar to trademarks. Some of them are related to the commodity economy, but they are different from the trademarks used in commodities, and some are used in goods and 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 and are easily confused. The common point of both is that they are used for the performance of goods or packaging, and they have a certain decorative effect on the goods. . However, the decoration of a product is a pattern, a painting, a color, or a text to decorate, beautify, and promote the attachment or package of the product. The basic features distinguishing 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 products, that is, to distinguish the same or similar products from different companies; trademarks are marks that indicate the 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 owner of the trademark will obtain the exclusive right to use the trademark. No other person may use the same or similar 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 those 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 goods, 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 as a well-known product; 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.