Legal analysis: It is different. Patents protect technical content, including invention, use of new models or designs. A trademark protects the mark itself, such as graphics, text, their combination, or a three-dimensional mark.

Legal basis: "Patent Law of the People's Republic of China" Article 2 The inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.

Article 1 of the "Trademark Law of the People's Republic of China" is to strengthen trademark management, protect the exclusive right to trademarks, urge producers and operators to ensure the quality of goods and services, and maintain trademark reputation to protect consumers. This law is specially formulated to benefit the interests of producers and operators and promote the development of the socialist market economy.