Comparison between trademark right and patent right

Similarities: Patent right and trademark right belong to intellectual property rights, and there are many similarities between them. There are the following aspects: ① Their object is intangible property; (2) The exclusive rights of these knowledge products are given by law; ③ They all have the characteristics of exclusiveness, regionality and timeliness. Difference: (1) Different ways to acquire rights. The patent right can only be produced after the patent applicant applies to the State Patent Office and obtains the approval of the office. For two or more independently completed invention applications with the same or similar contents, China's patent law stipulates that the patent right shall be granted to the earlier applicant, and some national patent laws stipulate that it shall be granted to the first inventor. However, the acquisition of trademark rights must be applied by the applicant and approved and registered by the Trademark Office. (2) Object The object with different patent rights is a novel, creative and practical new technical scheme to solve a practical problem. The object of trademark right is the trademark itself that distinguishes different producers or operators of the same commodity or service and indicates the quality of the commodity or service. A trademark applied for registration must have distinctive features according to law. (3) The duration of rights protection is different. According to the patent law of our country, the protection period of invention patent is 20 years, and that of utility model and design patent is 10 years, counting from the date of application. Trademark rights are different. China's Trademark Law stipulates that the trademark right is valid for 10 years, but there are provisions for continuous renewal. In fact, China provides indefinite protection for trademark rights.