In the process of applying for a registered trademark, it often happens that when an applicant applies for the exclusive right to use a trademark in the country, there will always be a senior trademark consultant who suggests to be a copyright registration at the same time. So what is the relationship between copyright and trademark?

first of all, we must distinguish the concepts of trademark right and copyright.

the trademark right refers to the right that the trademark registrant obtains to use the trademark exclusively on the specified goods or services. A trademark is a distinctive symbol which is used by producers and operators of commodities on the commodities they produce, manufacture, process, select or distribute or by service providers to distinguish the sources of commodities or services, and consists of characters, figures, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements; In short, it is a mark used on a product or service, that is, a brand.

Copyright, also known as copyright, refers to the property rights and personal rights legally enjoyed by natural persons, legal persons or other organizations for literary, artistic or scientific works.

secondly, what are their protection objects?

a trademark protects a symbol composed of words, graphics, letters, numbers, three-dimensional symbols, colors or a combination of the above elements. The protection of trademark rights is based on distinguishing the providers of goods or services.

Copyright protects works protected by copyright law. A work refers to an intellectual creation that is original and can be reproduced in some tangible form in the fields of literature, art and science. Copyright protection is based on the originality (or originality) of the work.

thirdly, what are the protection methods of the two?

Copyright generally comes into being automatically, without going through some special procedures. According to the Copyright Law of the People's Republic of China, citizens, legal persons and unincorporated organizations in our country take the completion of a work as the symbol of copyright, not when it is published.

The acquisition of trademark rights in China must go through the trademark registration procedure, and the principle of prior application is implemented. The Trademark Law of the People's Republic of China stipulates that a trademark registered with the approval of the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

fourth, what is the significance of copyright registration?

according to the provisions of China's copyright law, copyright is automatically generated and works are registered voluntarily.

whether a work is registered or not, the copyright legally obtained by the author or other copyright owners will not be affected. However, in the practice of copyright protection, it is impossible to effectively prove the existence of rights because of the failure to register copyright, which will eventually lead to losing the case. At this time, we can see the importance of copyright registration. Unless there is other evidence to the contrary enough to overturn the contents of the copyright registration certificate, the party holding the registration certificate will be recognized by the judicial organ or administrative organ as the copyright owner of the work.

As a proof of rights, the copyright registration certificate is a prerequisite for the copyright owner to start anti-piracy and rights protection actions. Handling copyright registration is a necessary procedure for China's security law to use copyright of works to provide pledge guarantee for debts. The copyright registration certificate is a necessary document that the right holder should submit to the evaluation institution when applying for evaluating the copyright value of a work. Copyright registration certificate is a symbol of the competitiveness of the right holder. copyright