How to distinguish between copyright, patent and trademark rights

In modern society, people's material living standards have been greatly improved. At the same time, people have begun to pursue spiritual and cultural needs. As parties involved in inventions, creations or writings, they can legally own corresponding rights, such as patent rights and copyrights. and Trademark rights, so how to distinguish between copyright, patent rights and trademark rights? The editor of Legal Savior Network has compiled relevant content, I hope it will be helpful to you.

How to distinguish copyright, patent and trademark rights

1. Trademark and patent The objects are different: patents protect technical content, including inventions, new uses, and designs. A trademark protects the mark itself, such as graphics, text, their combination, or a three-dimensional mark.

2. The protection periods of trademarks and patents are different: patent protection period is limited, 20 years for inventions, 10 years for new models and designs, and cannot be renewed upon expiration. Trademark protection lasts for 10 years, but it can be renewed upon expiration. Therefore, as long as it is renewed every 10 years, you can have the exclusive right to use the trademark indefinitely.

3. The protection content of trademarks and patents is different: Patent protection prohibits the manufacture, use, offering for sale, sale, or import of products that are identical or similar to the patent. Trademark protection does not allow the same trademark to be registered on similar goods. If the protected trademark is a well-known trademark, others cannot mark the well-known trademark even on different types of goods.

4. The application procedures for trademarks and patents are different: patents must be submitted to the State Intellectual Property Office The patent office applies, and after preliminary examination (new model and appearance) and substantive examination (invention), the patent right is finally granted. The trademark application is submitted to the Trademark Office of the State Administration for Industry and Commerce. After preliminary review, the registration is approved after no objection is announced.

5. Copyright and trademark rights are different in the ways to obtain protection. As long as the works are completed independently, regardless of whether they are identical or similar, they are protected by copyright law. Trademark rights are different. Any product identification that is identical or similar to a registered trademark for similar goods or similar goods often cannot obtain exclusive rights according to the trademark laws of various countries. However, copyright and trademark rights may only have a cross-relationship under certain circumstances, that is, a trademark design can be treated as a trademark and protected by the trademark law, or it can constitute an artistic work and be protected by the copyright law. In addition, copyright and trademark rights may also conflict, that is, using other people's works as trademarks without their consent may infringe the rights of others.Copyrights of Others.

6. There are the following differences between copyright and patent rights:

(1) Copyright does not Protect the idea of ​​the work, but only the expression of the work. What patent rights protect is the ideological content created by the author. If an inventor obtains a patent for a technical achievement, others cannot implement the technology in production without his permission. This is the difference between the content of an idea and its expression.

(2) Copyright does not require that the protected work be original, but only requires that it be original. Any work can obtain independent copyright as long as it is independently created, regardless of whether it is similar to a published work. For inventions with the same content, patent rights are only granted to the first applicant. This is the difference between originality and originality.

The above analysis is the main difference between copyright, patent and trademark rights. In fact, the difference between the three is still very obvious. But at the same time, The relationship is also relatively close. If there is a situation that is difficult to distinguish, it is recommended to contact a lawyer for help in time. The Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.