Which is the first to register a trademark or apply for a patent?

Patent application and trademark registration can be carried out at the same time, and it is not necessary to do it first, and the registration of a trademark and a patent application is equivalent to protecting one's intellectual property rights. When handling it, it is necessary to pay attention to the type of enterprise that you have, and secondly, the Internet and advertising parties should also be registered, and the products affiliated with the disturbance stove should be registered.

Registering a trademark is the best way to protect your products, and trademark registration and patent application can be carried out at the same time. Trademark registration and patent application both belong to the category of intellectual property, if you have to rank the importance of trademark registration and patent application to the enterprise, Wanshihui consultant suggests that the enterprise can choose the priority according to its own actual situation. It is also recommended that enterprises apply for trademark registration first, as we said before, registered trademarks are the best way to protect the products of the enterprise pickpocketing industry.

In order to prevent identical or similar to the previously registered trademark of another person, it is proposed.

Not necessarily, the differences between the two are as follows:

1. The subject matter of trademarks and patents is different: patents protect technical content, including inventions, new models or 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. The trademark is protected for 10 years, but it can be renewed upon expiration, so as long as it is renewed every 10 years, you 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, sell & 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 procedures for trademarks and patents are different: patents must be applied to the Patent Office of the State Intellectual Property Office, and the patent rights will be finally granted after preliminary examination (new model and appearance) and substantive examination (invention count).

The trademark is applied to the Trademark Office of the State Administration for Industry and Commerce, and after a preliminary examination, the registration of the potato is approved after the announcement has no objection.

Legal Analysis: You have patentable technology that is not a well-known prior art and has never been applied for in relation to your technology. To apply for a patent, you must first determine the type of patent you want to apply for, whether it is an invention patent, a utility model patent, or a design patent.

Legal basis: Article 22 of the Law of the People's Republic of China on Filial Piety and Filial Piety Article 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

A trademark that can be registered shall meet the following conditions: any visible sign that can distinguish the goods or services of a natural person, legal person or his organization from the goods or services of a person he or she is acting as a person, including words, graphics, letters, numerals, three-dimensional signs and color combinations, as well as a combination of the above elements, may be registered as a trademark.

What materials are required for trademark patent application The following materials are required for the trademark application section: 1. Trademark registration application. 2. Trademark drawing.

3. Submit a power of attorney for trademark **, if you handle it yourself, you don't need a power of attorney. 4. A copy of the applicant's ID card.

How long does it take to apply for a patent.

For invention patents, except for some invention patents that need to be kept secret, general invention patents need to go through the stages of acceptance, preliminary examination, publication, substantive examination and authorization announcement.

In the case of utility models and designs, they need to go through the stages of acceptance, preliminary examination and publication of authorization, as there is no need for substantive examination.

Some people register trademarks, some people apply for patents, has anyone ever thought about the difference between applying for a trademark and applying for a patent? Although trademarks and patents both fall under the category of intellectual property, they are two completely different concepts and should not be confused. Patents, literally, 'patents' refer to exclusive interests.

A trademark is a sign with distinctive features that is used by the producer or operator of goods in the goods it produces, manufactures, processes, picks or distributes, or the provider of services in the services it provides, distinguishes the goods or services, and is composed of words, graphics or combinations thereof. To put it bluntly, a trademark protects a name, while a patent protects a technology or appearance.

The subject of the trademark application can be a digital judgment company or an individual. However, since the second half of 2007, the Trademark Office has imposed restrictions on the registration of individual trademarks, and if you want to register a trademark in the name of an individual, the individual must be an individual industrial and commercial household, and you need to provide a business license for individual industrial and commercial households.

Patents and trademarks both belong to the category of intellectual property and have different concepts. To put it simply, a patent protects a technology or appearance, and a trademark protects a name.

The specific explanation is as follows:

A patent is an invention-creation protected by legal norms, which refers to the exclusive right to enjoy to the patent applicant within a specified period of time after an invention-creation is applied for a patent application to the examination and approval authority, and after passing the examination in accordance with the law.

A trademark is a sign with distinctive features that is used by the producer or operator of a commodity in its production, manufacturing, processing, selection or distribution of goods or the services provided by the provider of a service to distinguish the goods or services, and is composed of words, graphics or a combination thereof.

Lawyer Analysis:1It is possible to file a patent application with the Patent Office; Paragraph 2It can be submitted directly to the patent office in person; 3.It is possible to send ** to the Patent Office; 4.It can be entrusted to handle it on behalf of the ** person of the hand-holding reputation management agency.

Legal basis]:

Patent Law of the People's Republic of China

Article 26 Where an application for a patent for invention or utility model is made, a written request, a description thereof, an abstract and a claim shall be submitted.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The specification shall give a clear and complete description of the invention or utility model of the new potato type, which shall be subject to the realization of the skill person in the technical art; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.

The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.

For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Rule 28 The date on which the patent administration department receives the patent application documents shall be the filing date. If the application documents are sent by post, the postmark date of the application shall be the filing date.