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"Trademark rights and copyrights are two different intellectual property rights, which are governed by the Trademark Law of the People's Republic of China and the Trademark Law of the People's Republic of China respectively. In practice, different intellectual property rights often conflict, and the basic principle to resolve "right conflicts" is the principle of "right first", that is, which right arises first. , the earlier one will be protected, and the right arising from the latter will be regarded as infringement. Copyright is an exclusive right legally generated by the completion of the work. One of the characteristics of this exclusive right that is different from other civil rights is that. It is exclusive and monopolistic. Only the copyright owner can possess, control and use a protected work. Non-copyright owners cannot use other people's works as trademarks, nor can they apply for trademark registration for the work.

Based on the above, the Sanmao Group Company in this case has no right to apply for trademark registration for "Sanmao" works or to apply for trademark registration after modifying "Sanmao" works without authorization, because it applies for other people's copyrighted works. The process itself violated the relevant provisions of the "Copyright Law of the People's Republic of China", which is essentially an illegal act that infringes on the copyright of others. Therefore, the first and second instance people's courts ruled that Sanmao Group Company should stop infringing on products and corporate image. The civil judgment for using the "Sanmao" cartoon image and compensating Feng Chuyin, the heir of the copyright owner Zhang Leping, and others with RMB 100,000, is consistent with emotion, reason and law, both in practice and theory. "

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