How to distinguish between trademark right and patent right?

Trademark right refers to the exclusive right of the trademark owner to his trademark. In China, the principle of registration applies to the acquisition of trademark rights. Therefore, the trademark right is actually the exclusive right applied by the trademark owner and confirmed by the State Trademark Office, that is, the exclusive right arising from trademark registration. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations, sounds or the combination of the above elements.

PatentRight, referred to as "patent" for short, is a kind of intellectual property, which is the exclusive right of the inventor or his assignee to exploit a specific invention within a certain period of time. China promulgated the first patent law in 1984, and the detailed rules for its implementation were promulgated in 1985, which made specific provisions on related matters. The Patent Law was revised in 2000 and 2008 respectively. Patent right means that the patentee enjoys the exclusive right to use, benefit and dispose of his invention and creation within the scope prescribed by law, and excludes the interference of others. Patent right has timeliness, regionality and exclusiveness.

In addition, the patent right also has the following legal characteristics:

1. Patent right is the right of two rights, including personal right and property right.

2. The patent right is granted by the Patent Office.

3. The patent right is based on the disclosure of the invention.

4. The patent right can be used. If the patentee fails to exploit or does not permit others to exploit his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.

Trademark right and patent right are rights based on two different intellectual property rights: registered trademark and authorized patent.