Legal analysis:
1. Different objects: Patents protect technical content, including inventions, new uses, and designs. A trademark protects the mark itself, such as graphics, text, their combination, or a three-dimensional mark.
2. Different periods: Patent protection period is limited, 20 years for inventions, 10 years for new models and designs, and cannot be renewed upon expiration. Trademark protection lasts for 10 years, but it can be renewed upon expiration. Therefore, as long as it is renewed every 10 years, you can have the exclusive right to use the trademark indefinitely.
3. The application procedures are different: a patent must be applied to the Patent Office of the State Intellectual Property Office. After preliminary examination (new model and appearance) and substantive examination (invention), the patent right is finally granted. The trademark application is submitted to the Trademark Office of the State Administration for Industry and Commerce. After preliminary review, the registration is approved after no objection is announced.
4. Different protection contents: Patent protection prohibits the manufacture, use, offering for sale, sale and import of products that are identical or similar to the patent. 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.
Legal basis:
Article 42 of the "Patent Law of the People's Republic of China" The term of invention patent rights is twenty years, utility model patent rights and design patent rights The term of patent rights is ten years, calculated from the date of application.
Derived questions:
How to apply for a patent and the process?
Relevant materials should be submitted to the Patent Office or local patent agent window or mailed. The National Patent Office issues an acceptance notice stating that the patent application has entered the approval process and the application fee has to be paid. The Patent Office examines the application, and as long as the application passes the preliminary examination, the patent can be granted. Patent rights can be granted upon review and approval by the State Intellectual Property Office.