1. Trademarks and patents have different objects. Patents protect technical contents, including newly designed inventions and uses. Trademark protects the trademark itself, such as graphics, characters, their combinations or three-dimensional trademarks;
2. Trademark and patent have different protection contents, and patent protection shall not manufacture, use, promise to sell, sell & import products that are the same as or similar to 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.
Trademark is a sign used to identify and distinguish the source of goods or services. 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.
A brand or a part of a brand is called a "trademark" after it is registered by the relevant government departments according to law. Trademarks are protected by law, and registrants enjoy exclusive rights. Registered trademarks are trademarks protected by law after being registered by relevant government departments, while unregistered trademarks are not protected by trademark law.
As a trademark, letters refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters and foreign letters such as English letters and Latin letters.
Numbers that constitute trademarks can be Arabic numerals or Chinese capital numerals.
As a three-dimensional mark that constitutes a trademark, it can also be called a three-dimensional mark, which has a length, a width and a height. Trademark marks composed of stereoscopic marks are called stereoscopic marks, which appear in the form of stereoscopic substances, which can appear in the shape of goods or in containers or other places of goods.
legal ground
the trademark law of the people's republic of china
Article 3 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.