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How to judge that the trademark applied for registration infringes the design patent right of others?
Release Time：
2022-07-09
If the following conditions are met, it shall constitute infringement of the prior design patent right of another person:
(1) The date of the announcement of the authorization of the design patent is earlier than the date of registration of the trademark application and the date of use. In practice, design patentees usually submit design patent certificate, annual fee payment certificate and other evidence to prove. It should be noted that if the trademark applicant has evidence to prove that the date of publication of the design patent authorization is later than the date of use of the trademark, it can apply to declare the design invalid.
(2) Trademarks and designs are used for the same or similar goods. In practice, if the two are used on goods that are not similar, it cannot be found that the prior design patent right is infringed.
(3) The trademark is identical or similar to the design. For the determination that a trademark is identical or similar to a design, the criteria of identical or similar trademarks shall basically apply.
Source: Shenzhen Intellectual Property Protection Center, China
Planning editor | Xiao Li
Reviewed by | Zhaocheng Pan
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