In the process of applying for a registered trademark, a situation that often occurs is that when the applicant applies for the exclusive right to use a trademark from the state, a senior trademark consultant will always recommend that he register the copyright at the same time. So what is the relationship between copyright and trademark rights? To understand the relationship between the two, we must understand the following questions:

1. The concepts of trademark rights and copyright

Trademark rights refer to the right obtained by the trademark registrant to exclusively and exclusively use the trademark on designated goods or services. Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. Trademarks are used to distinguish the source of goods or services and consist of words, Graphics, letters, numbers, three-dimensional logos, color combinations, or a combination of the above elements, a sign with distinctive characteristics; in short, it is a mark used on products or services, that is, a brand.

Copyright, also known as copyright, refers to the general term for the property rights and personal rights that natural persons, legal persons or other organizations enjoy in accordance with the law on literary, artistic or scientific works.

2. The objects of protection of both

Trademarks protect signs that are composed of words, graphics, letters, numbers, three-dimensional signs, colors, or combinations of the above elements. Trademarks The protection of rights is based on distinguishing the providers of goods or services.

Copyright protects works protected by copyright law. Works refer to intellectual creations in the fields of literature, art and science that are productive and can be reproduced in some tangible form. Copyright protection is based on the creative nature (or originality) of the work.

3. The two protection methods

Copyright generally arises automatically and does not need to go through certain special procedures. According to the provisions of the Copyright Law of the People's Republic of China, my country's Citizens, legal persons and unincorporated organizations use the completion of a work as a sign of copyright creation rather than the time of publication. The acquisition of trademark rights in my country must go through the trademark registration procedures and implement the first-to-file principle; the Trademark Law of the People's Republic of China stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to trademark and is subject to Legal protection.

4. The significance of copyright registration

According to the provisions of my country's Copyright Law, copyrights are automatically generated and works are registered voluntarily.

Whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected. However, in the practice of copyright owners' rights protection, situations may arise where the existence of rights cannot be effectively proven because the copyright has not been registered, which ultimately leads to the loss of the lawsuit. What is the reason?

Why is it important to register copyright? It becomes important at this time. The necessity of registration can be summarized as follows:

1. Unless there is other sufficient contrary evidence of the content of the copyright registration certificate, the party holding the registration certificate will be The judicial or administrative agency identifies the copyright owner of the work;

2. The copyright registration certificate serves as proof of rights and is a prerequisite for the copyright owner to initiate anti-piracy and rights protection actions;

3. Copyright registration is a necessary procedure for using the copyright of a work to provide pledge guarantee for debts according to my country's Guarantee Law;

4. The copyright registration certificate is the right holder's application to evaluate the value of the copyright of the work. He should submit it to the evaluation agency Necessary supporting documents submitted;

5. The copyright registration certificate is a symbol of the competitiveness of the right holder.

5. Reasons for the conflict between trademark rights and copyrights

Copyright and trademark rights are not the same in legal nature, but the boundaries between them are not clear-cut. Sometimes, the process of designing a trademark is also a process of creative intellectual labor. When a certain level of creation is reached, the trademark can become a work within the meaning of the Copyright Law.

If the trademark registrant and the trademark designer are the same entity or are authorized by the trademark designer, there will be no conflict of rights. However, if the two are not the same entity, for example, the trademark registration pattern is not his own work or even if it is his own work, the conflict of rights will not arise. If you cannot prove your own rights, conflicts will arise, and your trademark registration application will be affected.

6. Conflicts between trademark rights and copyrights

Conflicts between trademark rights and copyright usually occur when the copyright ownership of the applied trademark is unclear, which occurs when the applicant applies for this work as a trademark. The copyright owner claims that the trademark copyright belongs to him, but the trademark applicant is not authorized or able to prove that the trademark copyright belongs to him, resulting in a copyright dispute based on the trademarked work.

Therefore, when someone files a trademark application that infringes their copyright, the applicant needs to provide proof of the copyright of the trademark. If the applicant cannot provide it and the claimant can provide valid proof of trademark Applying will cause trouble; and so far, the most effective and convenient way is the copyright registration certificate. Therefore, the significance of registering the copyright at the same time as the trademark application is to ensure that the copyright based on the trademark belongs to you, and the trademark application will not There will be disputes over ownership of copyrights.

7. Resolution of conflicts between trademark rights and copyrights

If a trademark dispute arises over the copyright of a trademarked work, according to the relevant provisions of the Trademark Law, if the copyright owner disputes the registered trademark Those who have objections can apply to the Trademark Review and Adjudication Board to cancel the registered trademark, or they can request the court to order the trademark owner to stop using its registered trademark.

Due to relatively limited trademark resources, lack of awareness of independent innovation, driven by economic interests, and legislative omissions, conflicts between trademark rights and copyrights occur frequently. Therefore, when there is a conflict between copyright and trademark rights or other rights, it is particularly important to confirm copyright rights; although copyrights are subject to automatic protection, this automatic protection cannot effectively prove the copyright rights when confirming rights. , that is, there are disadvantages in automatic copyright protection. Therefore, in order to avoid unclear copyright rights, registering copyright first at the same time as trademark registration is a better way to ensure that there are no problems with trademark rights.