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What is trademark patent right?

Trademarks are used by producers and operators to distinguish the source of goods or services in their production and business activities, including words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, etc., as well as the above combination of elements. Patents refer to the patent rights enjoyed by the patentee over inventions and creations. The aforementioned inventions include inventions, utility models and designs.

Legal Basis

Article 3 of the Trademark Law

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

Article 8

Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, colors Combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Article 2 of the Patent Law

Inventions and creations as 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 model refers to a new technical solution proposed for the shape, structure or combination of a product that is 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.