Trademark rights belong to patents. Because trademark rights refer to the exclusive rights to trademarks obtained by trademark owners for their goods or services during business activities. Patent rights refer to the patentee's application to the patent administrative department for his invention, utility model and design, and he is granted the exclusive right to implement the patent within a certain period of time.

Legal Basis

Article 4 of the Trademark Law of the People's Republic of China

In the course of production and business activities, natural persons, legal persons or other organizations shall If it is necessary to obtain the exclusive right to use a trademark for its goods or services, it must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

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

Article 2 of the Patent Law of the People's Republic of China

Inventions and creations as mentioned in this Law refer to inventions, utility models and designs.

Article 22

Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.