1. Different purposes of protection

The inventions and creations protected by patent rights are technical solutions or artistic creations and unique ideas in appearance design. The purpose of protection is to encourage inventions and creations, to facilitate the promotion and application of inventions and creations, and to promote scientific and technological progress and innovation.

The trademark protected by trademark rights is a sign with distinctive features that distinguishes the source of goods or services. The purpose of protection is to encourage producers to ensure product quality and maintain trademark reputation, to protect the interests of consumers and promote the development of the socialist commodity economy and fair competition.

2. The objects and scope of protection are different.

The object of patent rights is a patented invention, utility model or design. The scope of protection of patent rights shall be based on the content of the claims of inventions and utility models, and the design patent products shown in pictures or photos.

The object of trademark rights is a registered trademark consisting of words, graphics or a combination thereof. The scope of protection of trademark rights is limited to the approved registered trademark and the approved goods for use.

3. National competent authorities and applicable relevant laws are different.

China’s Patent Law is the basic law governing patents. The Patent Office of the State Intellectual Property Office is responsible for the management of patent acceptance and examination of patent applications nationwide.

China’s Trademark Law is the basic law governing trademarks. The Trademark Office of the State Administration for Industry and Commerce is responsible for the registration and management of trademarks nationwide.

4. Differences in timeliness

China's "Patent Law" stipulates that the validity period of invention patents is 20 years, and the validity period of utility model and design patents is 10 years. No renewal is allowed.

The "Trademark Law" stipulates that the validity period of a registered trademark is 10 years. Upon expiration, the registration can be renewed and repeated applications can be made without restriction. The validity period of each renewal registration is 10 years, so the trademark The validity period of the right may be essentially unlimited.