Is a trademark a patent?

Trademark rights belong to patents. Because the trademark right refers to the exclusive right to use a trademark obtained by the trademark owner in his business activities. Patent right refers to the right of the patentee to apply to the patent administration department for his invention, utility model and design and be granted a patent for a certain period of time according to law.

legal ground

Article 4 of the Trademark Law of People's Republic of China (PRC)

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. The application for registration of a malicious trademark that is not intended to be used shall be rejected.

The provisions of this Law on commodity trademarks shall apply to service trademarks.

Article 2 of the Patent Law of People's Republic of China (PRC)

Invention-creation as mentioned in this Law refers to inventions, utility models and designs.

Article 22

Inventions and utility models granted patent rights should be novel, creative and practical.