1, the difference between patent right and trademark right is as follows:
(1) is produced in different ways. Trademark right is the exclusive right granted by national laws to trademark owners to protect their registered trademarks, and patent right is the exclusive right granted by the national patent office to patent applicants and their successors to exploit their inventions and creations within a certain period of time.
(2) the validity period is different, the validity period of a registered trademark is ten years, and the term of the invention patent right is twenty years;
(3) The object of trademark right is a registered trademark protected by law. The object of patent right is the invention and creation that should be granted patent right according to law.
2. Legal basis: Article 3 of People's Republic of China (PRC) Trademark Law.
Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; 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.
Second, what are the characteristics of trademark rights?
1, exclusivity, also known as exclusivity or monopoly, means that a trademark registrant enjoys the exclusive right to use its registered trademark;
2, timeliness, the validity of the exclusive right to use a trademark;
3. regional;
4. property