What is a trademark patent right?

Trademark is a sign used by producers and operators to distinguish the source of goods or services in their production and business activities, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements. Patent refers to the patent right enjoyed by the patentee for invention and creation. The aforementioned inventions include inventions, utility models and designs.

legal ground

Article 3 of the 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.

Article 8

Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can apply for registration as a trademark.

Article 2 of the patent law

Invention-creation as mentioned in this Law refers to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.