Invention and creation protected by patent right refers to technical scheme or artistic creation and unique creativity in design. The purpose of protection is to encourage invention and creation, to promote the popularization and application of invention and creation, and to promote scientific and technological progress and innovation.
A trademark protected by trademark right is a symbol with distinctive features that distinguish the source of goods or services. The purpose of protection is to promote producers to ensure the quality of goods and maintain the reputation of trademarks, protect the interests of consumers, and promote the development of socialist commodity economy and fair competition.
2. The object and scope of protection are different.
The object of a patent right is a patented invention, utility model or design. The scope of protection of the patent right shall be subject to the contents of the invention and utility model claims, and to the patented product of design represented by pictures or photographs respectively.
The object of trademark right is a registered trademark composed of words, graphics or their combinations. The scope of protection of trademark rights is limited to trademarks approved for registration and goods approved for use.
3. The national competent authority is different from the applicable relevant laws.
China's patent law is the basic law governing patents. China National Intellectual Property Administration Patent Office is responsible for the administration of patent acceptance and patent application examination nationwide.
China's trademark law is the basic law governing trademarks. The Trademark Office of the State Administration for Industry and Commerce is in charge of the national trademark registration and management.
4. Different timeliness
According to China's Patent Law, the validity period of invention patents is 20 years, and the validity period of utility model and design patents is 10 years, which cannot be renewed upon expiration.
According to the Trademark Law, the period of validity of a registered trademark is 10 years, and the registration can be renewed after the expiration, and there is no system to apply repeatedly. The validity period of each renewal registration is 65,438+00 years, so the validity period of trademark rights can be essentially indefinite.