Is a trademark a patent?

Trademarks and patents belong to the category of intellectual property rights, and trademarks are not patents. A trademark is a distinctive sign that identifies a commodity or service or a specific individual or enterprise related to it. It can be graphics or text, and it can also be expressed by sound, smell or three-dimensional diagram. Literally, patent refers to exclusive rights, that is, patented inventions can only be implemented by others with the permission of the patentee.

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.