Trademark rights refer to the exclusive and exclusive rights enjoyed by trademark owners over their trademarks. Since the acquisition of trademark rights in my country follows the registration principle, trademark rights are actually exclusive rights applied by the trademark owner and confirmed by the National Trademark Office, that is, exclusive rights arising from trademark registration. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, or a combination of the above elements.
Patent right (PatentRight), referred to as "patent", is the exclusive right to implement a specific invention and creation within a certain period of time that the inventor or its assignee enjoys in accordance with the law. It is a type of intellectual property rights. . my country promulgated its first patent law in 1984 and the implementation details of the law in 1985, which made specific provisions on relevant matters. The Patent Law was revised in 2000 and 2008 respectively. Patent rights refer to the right of the patentee to exclusively use, profit from, and dispose of his invention and creation within the scope prescribed by law, and to exclude the interference of others. Patent rights are temporal, territorial and exclusive.
In addition, patent rights also have the following legal characteristics:
1. Patent rights are two rights in one, including personal rights and property rights.
2. The patent right must be granted by the Patent Office.
3. The occurrence of patent rights is predicated on the disclosure of invention results.
4. Patent rights are exploitable. If the patentee does not implement or does not allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.
Trademark rights and patent rights are rights obtained based on two different intellectual property rights: registered trademarks and authorized patents.