The difference between patent right and trademark right

The difference is as follows: 1. The objects of trademarks and patents are different: patents protect technical content, including the use of inventions, new models or designs. Trademark protection is the trademark itself, such as graphics, characters, their combinations or three-dimensional trademarks. 2. The term of protection of trademarks and patents is different: the term of protection of patents is limited, 20 years for invention, 10 years for new design and appearance design, and cannot be renewed upon expiration. The commercial protection is 10 year, but it can be renewed when it expires, so as long as it is renewed once every 10 year, it can have the exclusive right to use the trademark indefinitely. 3. The contents of trademark and patent protection are different: patent protection shall not manufacture, use, promise to sell, sell & import products that are the same as or similar to patents. Trademark protection The same trademark may not be registered on the same commodity. If the protected goods are well-known trademarks, even if they are different kinds of goods, others may not mark them. 4. The application procedures of the subject matter and the patent are different: the patent shall be applied to the China National Intellectual Property Administration Patent Office, and the patent right shall be granted after the preliminary examination (novel and appearance) and substantive examination (invention). An application for a trademark shall be filed with the Trademark Office of the State Administration for Industry and Commerce, and the registration shall be approved after preliminary examination and announcement without objection. Law: People's Republic of China (PRC) Civil Code: Article 123 Definition of Intellectual Property Rights Civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law: (1) works; (2) Inventions, utility models and designs; (3) Trademarks; (4) Geographical indications; (5) Business secrets; (6) Layout design of integrated circuits; (7) New plant varieties; (8) Other objects prescribed by law. Civil Code of People's Republic of China (PRC): Article 185 Punitive damages for infringement of intellectual property intentionally infringe upon the intellectual property rights of others. If the circumstances are serious, the infringed party has the right to request corresponding punitive damages.