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Can art copyright be used as a trademark?

Art copyright cannot be used as a trademark. Copyright is also called copyright. Both copyright and trademark rights belong to the scope of intellectual property rights, but there are many differences, so the two cannot be used interchangeably. In terms of the subject of rights, the subject of copyright can be an individual citizen, a legal person or an unincorporated unit; it can be the author himself, his heir or the recipient of his rights and obligations, and sometimes the state. The main subjects of trademark rights are legal persons. If an individual citizen applies to register a trademark in my country, he or she must be an individual business owner. The state cannot be the subject of trademark rights. In terms of the acquisition of rights, copyright is generally acquired automatically, while trademark rights require confirmation by national administrative agencies. In terms of the subject matter of rights, the subject matter of copyright is literary, artistic and scientific works, and the subject matter of trademark right is the trademark used for goods or services.

For art graphic trademarks, it is best to apply for art copyright, so as to prevent others from applying for art copyright of the trademark graphic and affecting the normal use of the trademark.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 3

Registration approved by the Trademark Office The trademarks are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

"Copyright Law of the People's Republic of China"

Article 3

The works referred to in this law include literature created in the following forms, Works of art and natural sciences, social sciences, engineering technology, etc.:

(1) Written works;

(2) Oral works;

(3) Music , drama, folk art, dance, acrobatic art works;

(4) Fine arts and architectural works;

(5) Photographic works;

(6) Movies Works and works created by methods similar to filmmaking;

(7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams;

(8) Computer software;

(9) Other works stipulated in laws and administrative regulations.