China Trademark Registration Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
Trademark design is a design that is representative of a company, brand, goods or services. Obtaining your own design right is an effective marketing tool and therefore could be highly beneficial to your business. As we know the fact that designs are easier to remember than names or words for many consumers, it is just as important for designs to be protected as other forms of trademarks.
Requirements for a Trademark Design Registration
Designs must meet certain criteria in order to become registered, only trademark designs qualify for a trademark registration status with the criteria as follows:
1) The design should avoid representing a particular function which the design is to perform, but rather be unique artwork.
2) The design must comprise of elements such as shape, configuration, pattern or ornamentation which make up its aesthetic appeal to the intended market.
Trademark Design Protection
It is not compulsory to register a design. However, unregistered designs are only protected against direct copying and nothing more. This means that if another person can prove their “copied design” was in fact created entirely independently then there will be no case for infringement.
This causes a number of problems and can become a complex and time consuming legal matter, so to avoid the unnecessary complications, it is advisable to register your trademark design. By owning your own trademark design rights, you will have a monopoly over the design – ensuring the highest levels of protection.
There are a variety of reasons why registering your trademark design is more advantageous than not, but some of the primary benefits of a design right include the right for the design to be sold, mortgaged and licensed. The law applicable for trademark design protection is the registered designs law. This particular legislation aims to safeguard the appearance of a manufactured article. Obtaining your own design right will provide you the necessary protection to bring legal action against anyone infringing on your design rights.
Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com