The difference between intellectual property rights and trademark rights

Legal analysis: 1. Different modes of production; Trademark right is the exclusive right given by national laws to trademark owners to protect their registered trademarks. Patent right is the exclusive right granted by the state patent office to the patent applicant and his successor to exploit his invention and creation within a certain period of time. 2. Different rights; The contents of trademark rights mainly include the exclusive right to use a registered trademark, the right to prohibit, the right to license and the right to transfer. The content of patent right is divided into the rights of patentee and the obligations of patentee. The patentee's rights include the exclusive right to exploit, transfer, license, mark, request for protection, waiver and pledge. The obligations of the patentee include the obligation to pay the annual fee according to the regulations and the obligation not to abuse the patent right.

Legal basis: Article 3 of the Trademark Law of People's Republic of China (PRC) is a registered trademark, including commodity trademark, service trademark, collective trademark and certification trademark; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.