The difference between a trademark registration and a patent application

Learn to prescribe intellectual property:

To put it simply, trademarks and patents are two completely different concepts, but because they belong to the same category of intellectual property, there are some related connections.

In the legal concept, a trademark is a sign used by a commercial entity on the goods or services it provides, and can distinguish its goods or services from the goods and services provided by other market entities.

Patent is the abbreviation of patent right. It refers to the right granted by the state authority administering patent work to the applicant for an invention-creation the right to monopolize, exploit and dispose of his invention-creation for a certain period of time in accordance with the provisions of the Patent Law.

It is not difficult to see from the literal point that a trademark is actually about use, because it is only a sign that distinguishes it from other goods and services. Patents focus on exclusivity, which can realize the possibility of seizing the market. Strictly speaking, if others have not infringed your trademark rights, you do not need to rely on trademarks to attack competitors (except for being able to compete and compare with competitors in terms of branding and product quality, but not the function of the trademark itself), but patents can.

Patents and trademarks are both industrial and commercial property rights. It has the general characteristics of intellectual property: exclusive, territorial, temporal; In addition, the competition in the market is strong, and its main purpose is to obtain economic benefits.

General intellectual property rights include personal rights and property rights, and trademarks and patents give more prominence to their property rights, which is the biggest similarity between the two.

1.The object of protection is different – a trademark protects the name and logo of a brand, and a patent protects a technical solution. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

2.The time is different - the trademark is valid for 10 years, which can be renewed at the expiration of the period, and can be used permanently if it is constantly renewed; The term of the patent right for invention is 20 years, and the term of the patent right for utility model and design right is 10 years, which is calculated from the filing date and cannot be renewed upon expiration. How to register a trademark.

3.There is a difference in the number of applicants - natural persons can apply for patents, and natural persons with trademarks can also apply for them, but they must be individual industrial and commercial households or rural contractors. Trademarks are a powerful tool for business, and if you want to carry out large-scale marketing, you must have a trademark.

Patents are a competitive barrier, and patents can be enjoyed exclusively. Businesses can market without patents, but it is very difficult to market without trademarks.

There is no comparison between the two, a trademark protects a sign that distinguishes a good or service**, while a patent protects the product itself and the corresponding technology. Although both belong to the category of intellectual property, they are two rights that are not related.

Legal analysis: 1. Different subject matter: the technical content protected by the patent, including invention, new model of use, and design. A trademark protects the trademark itself, such as a figure, word, a combination thereof, or a three-dimensional mark.

2. The term is different: the patent protection period 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 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 Administration for Industry and Commerce, and the registration is approved after preliminary examination and no objection is announced.

4. Different protection contents: 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.

Legal basis: Article 42 of the Patent Law of the People's Republic of China The term of a patent for invention is 20 years, and the term of a utility model patent and a design patent is 10 years, both of which are calculated from the filing date.

Derivative Question: How to Apply for a Patent and the Process?

Relevant materials should be submitted to the patent office or local patent ** window or mailed. The State Patent Office issues a notice of acceptance, stating that the patent application has entered the examination and approval procedure and the application fee is paid. The patent office examines the application, and as long as the preliminary examination is passed, the patent can be granted.

Upon examination and approval by the State Intellectual Property Office, a patent right may be granted.