The legal protection of immaterial cultural heritage is more and more paid attention to and is an im- portant content for China to implement intellectual property right strategy.While copyright is used to protect immaterial cultural heritage,trade mark protection mode can be used to promote the change from cultural re- sources to economic benefit to realize comprehensive protection of immaterial cultural heritage.Trade mark law should protect immaterial cultural heritage and should state that immaterial cultural heritage can apply for reg- istration as certification marks or collective marks.