Legal analysis: Trademark right belongs to patent. Because the trademark right refers to the exclusive right to use a trademark obtained by the trademark owner for his goods or services in business activities. The patent right refers to the right of the patentee to apply to the patent administration department for his invention, utility model and design, and to be granted a patent for a certain period of time according to law.

Legal basis: Trademark Law of the People's Republic of China

Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a malicious trademark that is not intended for use shall be rejected. The provisions of this Law on commodity trademarks shall apply to service trademarks.

patent law of the people's Republic of China

article 2 inventions mentioned in this law refer to inventions, utility models and designs.

article 22 inventions and utility models for which patent rights are granted shall be novel, creative and practical.