The difference between trademarks and copyrights

1. Different institutions apply for trademarks

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

2. Different objects of protection

Trademark rights protect trademarks that have been approved and registered by the national trademark management authority. Copyright protects works registered by the China Copyright Protection Center, and according to the provisions of the Copyright Law of the People's Republic of China, the completion of the work is the sign of copyright creation rather than the time of publication.

3. The term of protection is different

The term of a trademark is 10 years. If it exceeds 10 years, you need to apply for renewal. Copyright protection lasts for the life of the author and 50 years after his death. Some applicants believe that possessing the trademark rights of a trademark is equivalent to possessing the copyright of the trademark. But this is not the case, as the above differences can be seen. If you want to own both the trademark rights and the copyright of a trademark, it is best to register the copyright when registering the trademark.

Benefits of registering copyright

1. Trademarks are applied for registration according to categories, and trademark protection is also based on categories. If your trademark has not yet been protected in all categories, registering copyright can play a very good role in auxiliary protection.

2. The trademark application period is long and the copyright application period is short. Before a trademark is approved for registration, a copyright certificate can play a certain role in trademark defense.

3. Copyright can prove the ownership of a trademark. Registering copyright well can prepare evidence in advance for future trademark disputes.

4. Once the copyright is registered, if other people want to use the trademark, they must obtain the permission of the right owner, otherwise it will be an infringement. The copyright registration certificate can be used as proof of rights and is a prerequisite for copyright owners to initiate anti-piracy and rights protection actions.

5. Article 32 of the Trademark Law: Applications for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has a certain influence. According to the relevant provisions of my country’s Trademark Law and Patent Law, trademarks and design patents that conflict with other people’s prior rights can be invalidated and revoked. Therefore, if a work of art is applied for trademark registration by others, or a graphic trademark is registered by others in another category, the success rate is relatively high if the prior copyright rights are used to object or invalidate the trademark. But after all, it takes a lot of energy to raise objections or be invalid.