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The difference and connection between trademarks and patents

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

1. The objects of trademarks and patents are different. Patents protect technical content, including invention, use of new models and designs. A trademark protects the trademark itself, such as graphics, text, their combination, or a three-dimensional trademark;

2. The protection content of trademarks and patents is different. Patent protection does not allow the manufacture, use, sale, sale, or import of the same patent. Identical or similar products. Trademark protection does not allow the same trademark to be registered on similar goods. If the protected trademark is a well-known trademark, others cannot mark the well-known trademark even on different types of goods.

A trademark is a sign used to identify and distinguish the source of goods or services. Any mark 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, etc., as well as combinations of the above elements, can be applied for registration as a trademark .

After a brand or part of a brand is registered by the relevant government departments in accordance with the law, it is called a "trademark". Trademarks are protected by law, and the registrant has exclusive rights. Registered trademarks are trademarks that are protected by law after being registered with relevant government departments. Unregistered trademarks are not protected by trademark laws.

The letters that constitute a trademark refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters, foreign letters such as English letters, Latin letters, etc.

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

As a three-dimensional mark that constitutes a trademark, it can also be called a three-dimensional mark. It is a three-dimensional mark with three dimensions: length, width and height. A trademark mark composed of a three-dimensional mark is called a three-dimensional mark, which appears in a three-dimensional material form. This form may appear on the appearance of the product, or on the container or other places of the product.

Legal Basis

"Trademark Law of the People's Republic of China"

Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including goods Trademarks, service marks, collective marks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

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

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.