What is the difference between a patent and a trademark, and what is the difference between a patent

Trademark examination is distinctiveness, and the simple point is that it can be distinguished and different from others. For example, the delicious brand apple is not distinctive: because delicious is an adjective, the scope of delicious apple is too wide, such a word cannot be monopolized by a single company, and therefore cannot be distinguished.

In addition to distinctiveness, trademarks are also examined for similarity, i.e., there can be no earlier application for the same or similar trademark under the same class. If there is both distinctiveness and no similar trademark, then the trademark can almost pass the examination.

The focus of patent examination is on novelty, and to put it simply, this technology is unprecedented. The method of examination is also very simple, and it is generally judged by consulting the existing literature. If the existing literature is not available, then the patent is novel.

What a stupid question, there are two things that have nothing to do with each other.

Dr. Biao has the answer for you.

The abbreviation of patent right refers to the patent right enjoyed by the patentee for the invention and creation, that is, the right granted by the state to the inventor-creator or his successor for a certain period of time in accordance with the law to use the invention and creation exclusively, which is emphasized here. A patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use another person's patented technology, it must obtain authorization or permission from the patentee in accordance with the law.

A trademark is used by a producer or operator of a commodity on the goods it produces, manufactures, processes, selects or distributes, or on the services provided by the provider of a service. There is a clear difference in the essence of the two, in short, one has uniqueness and the other has transferability and variability.

1. The object of trademark and patent is different: the patent protects the technical content, including invention and use of new designs. A trademark protects the trademark itself, such as a figure, word, a combination thereof, or a three-dimensional mark.

2. The term of protection of trademarks and patents is different: the term of protection of patents is limited, 20 years for inventions, and 10 years for new models and designs, which cannot be renewed upon expiration. Trademarks are protected for 10 years, but can be renewed upon expiration, so as long as they are renewed every 10 years, they can have the exclusive right to use the trademark indefinitely.

3. The protection content of trademarks and patents is different: patent protection shall not manufacture, use, offer to sell, or sell imported products that are identical or similar to the patent. Trademark protection may not register the same trademark on the same type of goods, and if the protected is a well-known trademark, others cannot mark the well-known trademark even if it is a different type of goods.

Trademark Law.

What is the difference between a patent and a trademark? Your own patent is your own life, you make your own trademark, if someone else uses your trademark, he must be illegal, he can complain about him, he can match yours, this is the benefit of your own consultation.

(1) Different subject matter: the technical content protected by the patent includes inventions, new models of use, and designs. A trademark protects the trademark itself, a figure, a word, a combination thereof, or a three-dimensional mark;

2) The term of protection is different: the term of protection of patents is limited, 20 years for inventions, 10 years for new models and designs, and cannot be renewed upon expiration. Trademarks are protected for 10 years, but can be renewed upon expiration, so as long as they are renewed every 10 years, they can have the exclusive right to use the trademark indefinitely.

3) The content of protection is different: The patent protection shall not manufacture, use, offer to sell, sell, or import products that are identical or similar to the patent. Trademark protection may not register the same trademark on the same type of goods, and if the protected is a well-known trademark, others cannot mark the well-known trademark even if it is a different type of goods.

4) The application procedure is different: the patent must be applied to the Patent Office of the State Intellectual Property Office, and the patent right will be finally granted after preliminary examination (new model and appearance) and substantive examination (invention). The trademark is applied to the Trademark Office of the State Intellectual Property Office, and the registration is approved after preliminary examination and no objection is announced.

1. Is a trademark a patent?

A trademark is not a patent. A trademark is a distinctive sign that indicates that a good or service is produced or provided by a specific person or enterprise. A patent is generally a document issued by a ** authority or a regional organization representing several countries on the basis of an application.

II. Trademark and Patent Application Procedures.

1) Confirm the type of patent that needs to be applied.

2) To search for the same type of patent, you can search independently, or you can entrust a more comprehensive search by a ** institution.

3) Prepare the application documents and submit them to the application process.

4) Obtain a notice of acceptance.

5) Preliminary examination. In the case of an invention patent application, the application for a patent for invention before the preliminary examination shall first be subject to confidentiality examination, and if confidentiality is required, it shall be handled according to the confidentiality procedure.

6) Publication stage, specifically refers to the application for invention patent.

7) Substantive examination, specifically referring to invention patents. Conduct a comprehensive examination of whether the patent application has novelty, inventive step, applicability and other substantive conditions stipulated in the Patent Law.

viii) Authorization. To apply for a patent for invention or utility model, a request, description, claims, abstract and necessary drawings and other documents shall be submitted. To apply for a design patent, a request and documents such as ** or ** of the design shall be submitted. The patent application documents can be written by the applicant himself or by another person.

If the person who entrusts a patent institution to apply for a patent and handle the application affairs, he shall submit a power of attorney at the same time, indicating the authority of the entrustment, and pay the ** service fee according to the relevant patent service fee standards.

1. What are the differences between patent rights and trademark rights?

1. The differences between patent rights and trademark rights are as follows:

1) The mode of generation is different, the trademark right is the exclusive right granted by the trademark office to the trademark owner to be protected by national law on its registered trademark in accordance with the law, and the patent right is the exclusive right granted by the national patent office to the patent applicant and his successor to exploit the invention and creation within a certain period of time;

2) The validity period is different, the validity period of a registered trademark is 10 years, and the term of an invention patent is 20 years;

3) The object of the right is different, and the object of the trademark right is the registered trademark that is protected according to law. The object of a patent right is an invention-creation for which a patent right shall be granted in accordance with the law.

2. Legal basis: Article 3 of the Trademark Law of the People's Republic of China.

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.

2. What are the characteristics of trademark rights?

1. Exclusivity, also known as exclusivity or monopoly, means that the trademark registrant has the exclusive right to use its registered trademark;

2. Timeliness, the validity period of the exclusive right to use the trademark;

3. Regionality;

4. Property.