Trademark right is the exclusive right given by national laws to trademark owners to protect their registered trademarks.

Patent right is the exclusive right granted by the state patent office to the patent applicant and his successor to exploit his invention and creation within a certain period of time.

2. Different rights:

The contents of trademark rights mainly include the exclusive right to use a registered trademark, the right to prohibit, the right to license and the right to transfer.

The content of patent right is divided into the rights of patentee and the obligations of patentee. The patentee's rights include the exclusive right to exploit, transfer, license, mark, request for protection and waiver.

And pledge right. The obligations of the patentee include the obligation to pay the annual fee according to the regulations and the obligation not to abuse the patent right.

3. The objects of different trademark rights are registered trademarks protected according to law. The object of patent right is the invention and creation that should be granted patent right according to law.

According to Article 2 of China's Patent Law, the objects of the patent law include inventions, utility models and designs.

4. Different approval procedures:

The necessary procedures for trademark registration include five stages: application, formal examination, substantive examination, preliminary examination announcement and registration announcement.

According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not undergo early publication and substantive examination in the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.

5. The validity period is different:

According to the Trademark Law, a registered trademark is valid for ten years, counting from the date of approval of registration. The registration can be renewed upon expiration, and no system can repeat the application. The validity period of each renewal registration is 10 year.

According to the provisions of the Patent Law, the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both of which are counted from the date of application. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right.

Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.