Legal analysis: the trademark cannot be identified as copyright. Because trademark rights do not belong to copyright. Copyright refers to the author's right of signature, sale and modification. When he has accomplished his original intellectual achievements in the fields of literature, art and science, he can show them in some form. Trademark refers to any sign that can distinguish the goods of different obligees in production and operation.

Legal basis: Article 3 of the Copyright Law of People's Republic of China (PRC) * * * The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1) Written works;

(2) Oral works;

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

(4) Artistic and architectural works;

(5) Photographic works;

(6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other works as prescribed by laws and administrative regulations.

Article 8 of the Trademark Law of People's Republic of China (PRC) Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, figures, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, may apply for registration as a trademark.