Is trademark right a patent?

Legal analysis: Trademark right belongs to patent. Because the trademark right refers to the exclusive right to use a trademark obtained by the trademark owner in his business activities. Patent right refers to the right of the patentee to apply to the patent administration department for his invention, utility model and design and be granted a patent for a certain period of time according to law.

Legal basis: Trademark Law of People's Republic of China (PRC).

Article 4 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.

patent law of the people's republic of china

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.

Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.