A patent is an invention-creation, that is, an application for a patent for an invention, utility model or design is filed with the State Patent Office, and after being examined and approved according to law, it is granted the exclusive right of invention-creation within a specified time.

A trademark refers to a visible sign which is composed of characters, figures, letters, numbers, three-dimensional signs, color combinations and the combination of the above elements, and is used by producers and operators on the signs of goods and their packaging or services to distinguish their own goods or services from those of others.

According to the above definition, there are significant differences between trademarks and patents:

(1) Dependency is different: a trademark is a mark used on a commodity or service, which is inseparable from and attached to the commodity or service, and has a particularly significant distinguishing function. Patents are relatively independent. For example, peanut oil has the same product nature, but with different trademarks, it forms the attribute of serving different brands. However, some edible oils are made of mixed oils (such as Fulinmen edible blended oil), so this matching formula and technological process can be patented.

(2) A trademark is a visual symbol composed of characters, graphics, letters, numbers, three-dimensional symbols and colors, and the combination of the above elements. The composition of patent is the intellectual property created by the independent development of a certain industry in a certain field, and it is not limited to the constituent elements of trademark.

(3) Trademarks are carriers of commodity information and tools to participate in market competition. The competition between producers and operators is the competition of the quality and reputation of goods or services, and its manifestation is the competition of brand awareness. The higher the brand awareness, the stronger the competitiveness of its goods or services. Patent is an entity, which describes in detail the production process, production methods, functions and other matters of a product, thus producing a practical entity.