Can copyright be used as a trademark? Of course not! Copyright is also called authorship. Copyright and trademark rights both belong to the scope of intellectual property rights, but there are many differences between them, so they cannot be used interchangeably.

Copyright (copyright) and trademark rights have the following differences:

1. 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 heirs or the recipients of his rights and obligations, and sometimes it can be 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.

2. In terms of the acquisition of rights, copyright is generally acquired automatically, while trademark rights require confirmation by national administrative agencies.

3. 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.

4. In terms of exclusivity of rights, two people in copyright can obtain the copyright if they independently complete the same work. Trademark rights are quite exclusivity. Not only cannot there be the same trademark with the same scope of protection, Moreover, similar trademarks with the same protection scope cannot appear. For well-known trademarks, the exclusivity of rights is even more obvious.

What should I do if my trademark has been copyrighted by someone else?

It is more dangerous if your trademark is applied for by others, so that others can revoke your trademark with the copyright certificate, which is troublesome. In order to prevent it from being revoked, apply for copyright first, then keep the documents produced by the trademark, and keep the evidence first.