Trademarks and patents are two different concepts, and trademarks are signs used to identify goods or services**, which can include words, graphics, colors, sounds, etc. Whereas, a patent is an exclusive right used to protect inventions and creations, which can be technological innovations such as inventions, utility models, and designs.
Trademarks and patents also have different objects of protection. Trademarks mainly protect the identification of goods or services, and are intended to prevent other businesses from misleading consumers by using the same or similar logos. Patents, on the other hand, protect technological innovations, i.e., the practical application of inventions, the new construction of utility models, and the unique appearance of designs.
There are differences in how trademarks and patents are protected. The protection of a trademark is achieved through the registration of a trademark, and only a registered trademark can be protected, and the registered trademark has exclusive rights within the scope of the relevant goods or services. The protection of patents is achieved through the granting of patents, and only technological innovations that have passed the patent examination and obtained patent rights can be protected.
In addition, trademarks and patents differ in terms of their expiration date. The term of the trademark can be extended indefinitely, as long as the trademark holder pays a maintenance fee in accordance with the regulations. Patents are limited in duration, with a term of 20 years for invention patents, 10 years for utility model patents, and 15 years for design patents.
Finally, there are differences in the application procedures for trademarks and patents. The trademark registration procedure is relatively simple, mainly including trademark application, preliminary examination, substantive examination and registration announcement. However, the patent application is relatively complex, and it is necessary to submit materials including the application, specification, claims and drawings, and the patent right can only be obtained after multiple steps such as examination, disclosure and substantive examination.
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