The difference between trademarks and patents, and the difference between trademarks and patents

The differences and connections between trademarks and patents are as follows:

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

2. The protection content of trademarks and patents is different, and patent protection shall not manufacture, use, offer to 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.

A trademark is a sign used to identify and distinguish goods or services. Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, can be registered as a trademark.

A brand or a part of a brand is called a "trademark" after it has been registered by the relevant authorities in accordance with the law. Trademarks are protected by law, and the registrant has the exclusive right. A registered trademark is a trademark that is protected by law after being registered by the relevant authorities, and an unregistered trademark is not protected by the trademark law.

As a trademark, the alphabet refers to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters, foreign alphabets such as English letters, Latin letters, etc.

The numbers that make up the trademark can be either Arabic numerals or Chinese capital numbers.

As a three-dimensional sign constituting a trademark, it can also be called a three-dimensional sign, which is a three-dimensional sign with three measures of length, width and height. A trademark sign composed of three-dimensional signs is called a three-dimensional trademark, which appears in a three-dimensional material form, which may appear in the shape of the goods, and can also be expressed in the container or other places of the goods.

Legal basis

Trademark Law of the People's Republic of China

Article 3 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.

1) Different ways of obtaining it.

1. Trademark: A natural person or legal person must apply for a registered trademark in the country or region where it is located, and only after it is successfully granted can it enjoy the trademark right, otherwise it will not be protected.

2. Patent: Patent application is a necessary procedure for obtaining a patent, which is submitted by the applicant to the patent authorities of various countries, and the certificate is issued after approval.

2) The scope of the object of rights is different.

1. Trademark: protect the exclusive right of the registered specific identification element itself in the corresponding product and service in the corresponding country.

2. Patents: invention patents, utility model patents, design patents.

3) The term of protection is different.

1. Trademarks: The validity period of registered trademarks in most countries is 10 years, and the validity period of each renewal is still 10 years from the date of approval of registration. Individual countries will have differences in the number of years, and all of them can be renewed.

2. Patents: The term of protection of invention patent rights is 20 years, and the term of protection of utility model and design patents is 10 years, both of which are calculated from the date of application (the provisions of patent laws vary from country to country). When it expires, the patent right is deemed to be disclosed as a disclosed technology.

4) The strength of exclusivity is different.

2. Patents: The Patent Law only grants to prior applicants, requiring "originality", and the granted patents have exclusive exclusivity, and non-patentees must obtain the consent or permission of the patentee in accordance with the law if they want to use the patented technology of others.

The obligations of the assignee of the patent exploitation license contract are: the patent exploitation license contract concluded in accordance with the decision of the China Intellectual Property Office to implement the compulsory license;Pay the royalties of the patented technology according to the agreement;Exploitation of patents in accordance with the time, region, method and scope agreed in the contract;Without the consent of the assignor, no third party other than the agreed party shall be allowed to exploit the patent.

Legal basis] Article 865 of the Civil Code of the People's Republic of China.

A patent exploitation license contract is valid only for the duration of the patent right. Where the term of validity of a patent right expires or the patent right is declared invalid, the patentee shall not enter into a patent exploitation license contract with another person in respect of the patent.

Article 867.

The licensee of a patent exploitation license contract shall exploit the patent in accordance with the agreement, and shall not license a third party other than the agreement to exploit the patent and pay royalties as agreed.

Specific sample templates.

Patents and trademarks fall under the umbrella of intellectual property. The difference between a trademark and a patent is:

1. The subject matter of trademarks and patents is different. Patents protect technical content, including inventions and the use of new designs. Trademarks protect the trademark itself;

2. The term of protection of trademarks and patents is different. Patents are protected for a limited period of 20 years for inventions and 10 years for new models and designs, which cannot be renewed upon expiration. Trademark protection is 10 years and can be renewed upon expiration;

3. The protection content of trademarks and patents is different. The patent protection does not allow the manufacture, use, offer for sale, sale or import of products that are identical or similar to the patent. Trademark protection may not be the registration of the same trademark on similar goods.

Patent Law of the People's Republic of China

Article 10. The right to apply for a patent and the right to a patent can be transferred.

Where a Chinese entity or individual transfers the right to apply for a patent or patent right to a foreigner, a foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department, which shall make a public announcement. The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.

1. The protection time of the two is very different.

Trademarks and patents have a validity period, not a lifetime registration, of course, as long as a simple renewal can be used for life. The trademark is valid for 10 years, and the renewal period must be renewed, otherwise the trademark will be cancelled. The validity period of the patent is much longer, and it is renewed once every 20 years, and the renewal time of both the trademark and the patent must be kept in mind.

2. The objects of protection of the two are very different.

Trademark protection is the name and logo of a brand, and patents (inventions or utility models) protect technical solutions. (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.

3. There is no doubt that the cost of the two is definitely different.

In the case of trademarks, the key needs to be paid in a lump sum, and in the case of patents, there may be a reduction policy in various places.

In addition, trademarks and patents can also be applied for, of course, natural persons must be individual industrial and commercial households or rural contractors. Trademarks and patents are the protection of enterprises and better brand building.