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Why do I suggest you to copyright the graphic trademark?

Release Time：

2023-05-04

When it comes to graphic trademark registration and copyright registration, many people feel that as long as the successful registration of a trademark is good, what is the relationship with copyright registration? Today Xiaozhi will tell you that it is not enough to register the original graphics as trademarks, but also to do copyright registration for the original graphics.

For an enterprise, the applicant needs to maintain the trademark right when using the trademark to ensure the stability of its trademark right. However, just applying for a trademark does not fully ensure the stability of trademark rights.

This is because the process of trademark design is also a process of creative intellectual labor, and a designed trademark is also a work within the meaning of the Copyright Law, in this case, from the moment the trademark is designed, it naturally has copyright. However, there may be conflicts between trademark rights and Copyrights of graphic trademarks, usually because the copyright ownership of graphic trademarks is unclear. Why does this happen? Because enterprises require trademark rights when applying for trademarks, and do not automatically own Copyrights, once someone proposes that the graphic trademark infringes its copyright (copyright), the trademark applicant will be passive because it does not register the copyright for the graphic.

Copyright can ensure the stability of trademark rights to the greatest extent. In many trademark disputes, copyright plays a decisive role. As a proof of original rights, copyright can also maximize trademark rights.

Q: The difference between trademark and copyright

Trademark right: The scope of protection will be limited by the class of goods and services, and once the specified class of goods and services is exceeded, even if others are the same as your trademark, the Trademark Law can do nothing about it.

Register of copyright: It is the image itself that is protected. Once the copyright registration is complete, the graphic cannot be used in any field without authorization and is not subject to the specific category of the trademark.

Unlike trademarks, Copyrights are not divided into specific industry categories.It's equivalent to a full class of trademark protection,In addition, the term of copyright protection is relatively simple and rude, personal name plus 50 years, 50 years in the name of the company, and trademarks need to be renewed once every ten years, if not renewed will directly lead to the loss of the applicant's trademark rights. Trademark copyright is the most direct protection for an enterprise brand.In case of rights disputes, copyright can be directly used as a document to prove their legal rights,Take the following two examples:

1. Decision of trademark Objection Case No. 29124336 "SPIDER KING and Map" trademark not registered

2, trademark invalidation case on No. 19066397 "RAVS" trademark invalidation request ruling

In many cases like these, copyright plays a key role, and if it were not for copyright, the final decision would probably be the opposite. This shows the importance of copyright.

Legal defects of only registered trademarks without copyright registration:

1. The ownership of trademark rights alone cannot prove the ownership of original rights;

2. Once others register their trademark copyright, it will lead to the invalidation of the trademark;

3. In the event of trademark infringement disputes, copyright is a powerful evidence to claim rights;

4. To facilitate the protection of rights to assist the judicial authorities to conveniently and quickly collect evidence, in order to quickly close the case;

5. Do not register the copyright, can not guarantee the stability of trademark rights;

6. Trademark registration is like building a house, although it has the right of residence, but can not confirm whether the illegal construction, copyright registration is equivalent to the ownership of the house proof, can prove the legality of the building.

(1) Strong credibility, determine the ownership of its copyright, resolve potential disputes, and effectively prevent disputes;

(2) effectively defend against and revoke the application of trademarks and appearance patents by others in bad faith;

(3) It is an important proof to solve copyright disputes and trademark infringement disputes;

(4) as a legal document for the permission to use and transfer copyright. Therefore, for an enterprise trademark brand, timely registration protection is extremely important.

If you want to apply for a graphic trademark, you must remember to register your design first, otherwise, when you use the graphic to register a trademark later, there will be a copyright dispute, which will delay time, waste energy and financial resources. Unsuccessful trademark registration is a small matter, affecting the development and future of the enterprise is a serious consequence.

Let's finish with one more picture,Why do graphic trademarks suggest copyright registration?

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