Between trademark and decoration of products there are three main differences, these are as follows:
First of all, the definition of each is different. A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The owner of the trademark shall have the right to license others to use the trademark, to pursue legal action against trademark infringement and to do any others in accordance with the Intellectual property law. Decoration of produces is not a legal concept, it can be deemed as a unique product packaging design (including pattern, text, color, etc.).
Secondly, the purpose of each is different. A trademark is used to identify products or services of a particular source from others. Decoration of products is used to make the products more attractive to the consumers.
Thirdly, in China, the owner of a trademark is protected by trademark law. After the trademark is registered successfully, it will be very difficult to change the trademark logo.
On the other hand, the decoration of products is protected by the anti-unfair competition law and Patent law. The design style of the decoration can be adjusted arbitrary.
Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
Email: wangdong@royalaw.com