Legal analysis: 1. They are generated in different ways; trademark rights are exclusive rights granted by the trademark authority to the trademark owner in accordance with the law, and their registered trademarks are protected by national laws. Patent rights are the exclusive rights granted by the national patent authority to patent applicants and their successors to exploit their inventions and creations within a certain period of time. 2. The content of rights is different; the content of trademark rights mainly includes the exclusive use rights, prohibition rights, licensing rights and transfer rights of registered trademarks. The content of patent rights is divided into the rights of the patentee and the obligations of the patentee. The rights of the patentee include the right to exclusive implementation, the right to transfer, the right to license, the right to mark, the right to request protection, the right to waive and the right to pledge. The patentee's obligations include the obligation to pay patent annual fees as required and the obligation not to abuse patent rights.

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, service marks, collective trademarks, and certification marks; trademark registration Everyone has the exclusive right to use a trademark and is 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 origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. 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.