Legal analysis:

1. Different objects: Patents protect technical content, including inventions, new uses, and designs. A trademark protects the mark itself, such as graphics, text, their combination, or a three-dimensional mark.

2. Different periods: Patent protection period is limited, 20 years for inventions, 10 years for new models and designs, and cannot be renewed upon expiration. Trademark protection lasts for 10 years, but it can be renewed upon expiration. Therefore, as long as it is renewed every 10 years, you can have the exclusive right to use the trademark indefinitely.

3. The application procedures are different: a patent must be applied to the Patent Office of the State Intellectual Property Office. After preliminary examination (new model and appearance) and substantive examination (invention), the patent right is finally granted. The trademark application is submitted to the Trademark Office of the State Administration for Industry and Commerce. After preliminary review, the registration is approved after no objection is announced.

4. Different protection content: Patent protection prohibits the manufacture, use, offering for sale, sale, or import of products that are identical or similar to the patent. Trademark protection does not allow the same trademark to be registered on similar goods. If the protected trademark is a well-known trademark, others cannot mark the well-known trademark even on different types of goods.

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 shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.

Derived issues:

The difference between patent rights and trademark rights

1. Different generation methods. Trademark rights are exclusive rights granted by the trademark authorities to trademark owners in accordance with the law and protected by national laws over their registered trademarks. Patent rights are the exclusive rights granted by the national patent authority to patent applicants and their successors within a certain period of time to exploit their inventions and creations.

2. The content of rights is different.

Trademark rights mainly include 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. 3. The rights objects are different.

The object of trademark rights is registered trademarks protected in accordance with the law. The objects of patent rights are inventions and creations for which patent rights should be granted according to law.

According to Article 2 of my country’s Patent Law, the objects of patent law include inventions, utility models and designs.

4. The approval procedures are different.

The necessary procedures for trademark registration include five stages: application, formal examination, substantive examination, preliminary examination announcement, and registration announcement.

According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model or design patent applications do not undergo early publication and substantive examination during the approval process, but only three stages: acceptance, preliminary examination and authorization.

5. The validity periods are different.

According to the provisions of the "Trademark Law", the validity period of a registered trademark is ten years, calculated from the date of approval of registration. The registration can be renewed upon expiration, and repeated applications can be made without restriction. Each renewal registration The validity period is 10 years.

According to the provisions of the Patent Law, the term of invention patent rights is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application. After the expiration of the patent term, the patent rights are terminated. Before the expiration of the patent right, the patentee may declare in writing to waive the patent right.