When you register a trademark, you have to register a copyright?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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When you register a trademark, you have to register a copyright?

Release Time：

2022-10-23

There are always some people who think that owning the trademark rights is equivalent to owning the copyright of the trademark. There are also many people who do not pay attention to copyright and think that copyright is dispensable. Xiao Xin tells you that this understanding is absolutely wrong.

Implicature

Trademark right (i.e. trademark exclusive right) :

That is, the trademark registrant enjoys the exclusive and exclusive right to his registered trademark. An exclusive right arising from the registration of a trademark. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations, sounds, or a combination of the above.

The object of protection is works, which are intellectual achievements in the fields of literature, art, and science that are original and can be reproduced in some tangible form. It is both innate and transferable. If copyright transfer is involved, it is best to register to ensure the legality of graphic copyright.

Differentiation

1. Application organization

Trademarks are applied for through the Trademark Office. Copyright is registered through the China Copyright Protection Center.

2. Protection period

The term of a trademark is 10 years, after which it needs to be renewed. The term of protection of copyright: for works of natural persons, the term of protection shall be the life of the author and 50 years after his death; The term of protection for works of legal persons or organizations without legal person shall be 50 years.

Related link

Article 32 of the Trademark Law stipulates: The application for trademark registration shall not prejudice the existing prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by improper means. This article is about the protection of prior rights and the prohibition of malicious squatting provisions, the protection of prior rights include: trade name right, copyright, design patent right, name right, portrait right, among which copyright is the most common.

Due to the long trademark application cycle, in order to avoid being registered by others, many people will carry out copyright registration before trademark application to protect their original works. In another way, of course, if someone else uses your work to register a trademark, then we can use the copyright to file an objection to the trademark Office to protect our trademark rights and interests.

Therefore, trademark and copyright protection have different focuses and differences. Trademark registration is like building a house, even if you have the right to live, but can not confirm whether it is illegal construction, copyright registration is similar to the ownership of the house, can prove the legality of the building. If you want to have trademark rights and Copyrights at the same time, it is best to do copyright registration when registering trademarks, especially graphic trademarks. Trademark and copyright protection at the same time, double protection, more powerful to maintain the stability and uniqueness of the brand. (Source: IP community)

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