Patent right and trademark right can be applied at the same time. According to the relevant laws and regulations of patent right, patent right applies to inventions, utility models and designs. According to the relevant laws and regulations of trademark rights, trademark rights apply to goods or services. Although patent right and trademark right belong to the legal protection of intellectual property rights, they are not mutually exclusive.

legal ground

Article 4 of the Trademark Law of People's Republic of China (PRC)

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected.

The provisions of this Law on commodity trademarks shall apply to service trademarks.

Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

Invention-creation as mentioned in this Law refers to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.