1. The objects of trademarks and patents are different: the technical contents of patent protection include inventions, new uses and designs. Trademark protection is the trademark itself, such as graphics, characters, their combinations or three-dimensional trademarks.
2. The term of protection of trademarks and patents is different: the term of protection of patents is limited, 20 years for invention, 10 years for new design and appearance design, and cannot be renewed upon expiration. The trademark protection period is 10 year, and it can be renewed upon expiration, so as long as it is renewed once every 10 year, it can have the exclusive right to use the trademark indefinitely.
3. The contents of trademark and patent protection are different: patent protection shall not manufacture, use, promise to sell, sell or import products that are the same as or similar to patents. Trademark protection The same trademark may not be registered on the same commodity. If the protected goods are well-known trademarks, even if they are different kinds of goods, others may not mark them.
4. The application procedures for trademarks and patents are different: a patent should be applied to the China National Intellectual Property Administration Patent Office, and the patent right will be granted after preliminary examination (new type and appearance) and substantive examination (invention). An application for a trademark shall be filed with the Trademark Office of the State Administration for Industry and Commerce, and the registration shall be approved after preliminary examination and announcement without objection.
5. Copyright and trademark rights are protected in different ways. As long as it is an independently completed work, whether it is the same or similar, it is protected by copyright law. Trademark rights are different. Any trademark that is the same as or similar to the registered trademark of similar goods or similar goods cannot obtain the exclusive right according to the trademark laws of various countries. However, copyright and trademark rights may intersect only under certain circumstances, that is, a trademark design can be protected by trademark law as a trademark, and it can also constitute a work of art protected by copyright law. In addition, copyright and trademark rights may also conflict, that is, using a work as a trademark without the consent of others may infringe on the copyright of others.
6. Copyright and patent have the following differences:
(1) Copyright does not protect the idea of the work, but only the expression of the work. The patent right protects the ideological content created by the author. If the inventor obtains a patent for a technological achievement, no one else can implement the technology in production without his permission. This is the difference between ideological content and expression.
(2) Copyright does not require the protected work to be original, but only requires it to be original. As long as any work is independently created, regardless of whether it is similar to a published work, it can obtain independent copyright. For inventions with the same content, the patent right is only granted to the first applicant, which is the difference between originality and originality.
Copyright, patent right and trademark right all belong to intellectual property rights, and the protection period of trademark right and patent right is different. The protection period of the patentee is 20 years, while the protection period of the trademark right is generally 10 years, while the copyright does not protect the idea of the work, but only the expression of the work.