Current location - Recipe Complete Network - Catering franchise - Does a patent application have to have a trademark?
Does a patent application have to have a trademark?
No, the difference is as follows:

1. Trademarks and patents have different objects: patents protect technical content, including the use of inventions, new models or designs. Trademark protection is the trademark itself, such as graphics, characters, their combinations or three-dimensional trademarks.

2. The term of protection of trademarks and patents is different: the term of protection of patents is limited, 20 years for invention, 10 years for new design and appearance design, and cannot be renewed upon expiration. The commercial protection is 10 year, but it can be renewed when it expires, so as long as it is renewed once every 10 year, it can have the exclusive right to use the trademark indefinitely.

3. The contents of trademark and patent protection are different: patent protection shall not be manufactured, used, promised for sale or sold &; Import the same or similar products as 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.

4. The application procedures for trademarks and patents are different: a patent should be applied to the China National Intellectual Property Administration Patent Office, and the patent right will be granted after preliminary examination (new type and appearance) and substantive examination (invention). An application for a trademark shall be filed with the Trademark Office of the State Administration for Industry and Commerce, and the registration shall be approved after preliminary examination and announcement without objection.