1. Different objects: The technical content of patent protection includes invention, new use and design. Trademark protection is the trademark itself, such as graphics, characters, their combinations or three-dimensional trademarks.
2. Different term: the term of patent protection is limited, 20 years for invention, 10 years for new type and design, and cannot be renewed upon expiration. The trademark protection period is 10 year, and it can be renewed upon expiration, so as long as it is renewed once every 10 year, it can have the exclusive right to use the trademark indefinitely.
3. Different application procedures: the patent should be applied to the China National Intellectual Property Administration Patent Office, and the patent right will be granted after preliminary examination (new type 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.
4. Different contents of protection: patent protection shall not be manufactured, used, promised for sale or sold &; Import the same or similar products as the patent. 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.
Legal basis:
In Article 42 of the Patent Law of People's Republic of China (PRC), the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of application.
Derivative problem:
How to apply for a patent and the process?
Relevant materials should be submitted or mailed to the Patent Office or the local patent agency window. The State Patent Office issued a notice of acceptance, saying that the patent application entered the examination and approval procedure and paid the application fee. The patent office examines the application and can grant a patent as long as it passes the preliminary examination. Upon examination and approval by China National Intellectual Property Administration, a patent right may be granted.