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The difference between patents and trademarks

1. What are the differences between patent rights and trademark rights?

1. The differences between patent rights and trademark rights are as follows:

(1) Different generation methods, Trademark rights are the exclusive rights granted by the trademark authorities to trademark owners in accordance with the law to protect their registered trademarks under national laws. Patent rights are granted by the national patent authorities in accordance with the law to patent applicants and their successors to implement and exploit their inventions and creations within a certain period of time. exclusive rights;

(2) The validity period is different, the validity period of a registered trademark is ten years, and the period of invention patent right is 20 years;

(3) The objects of rights are different, and the trademark The object of the right is a registered trademark protected according to law. The objects of patent rights are inventions and creations for which patent rights should be granted according to law.

2. Legal basis: Article 3 of the "Trademark Law of the People's Republic of China"

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks and service trademarks and collective trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

2. What are the characteristics of trademark rights?

1. Exclusivity, also known as exclusivity or monopoly, means that the trademark registrant has the exclusive right to use its registered trademark;

2. Timeliness, the validity period of the exclusive right to use a trademark;

3. Regionality;

4. Property.