What is the difference between trademark registration and copyright registration? Many people have this concept: they think that owning the trademark rights of a trademark is equivalent to owning the copyright of the trademark, but in fact this is not the case. The intellectual property rights will be introduced in detail below.

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: Application 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.

Many people also have questions. Since copyright plays such a big role, can I just register the copyright directly and just register the trademark?

Of course not, a trademark is a necessary condition for commercial use. There is only copyright. Although you are original, you will be very limited in product use. You cannot restrict others from using the ordinary font of the name to register a trademark. Name rights protection cannot be separated from the trademark certificate. Many platforms must also rely on the support of trademark certificates. Normally, it is recommended to apply for a trademark on the products used by the company at the same time, so as to provide maximum protection at the lowest cost!

Because the trademark application cycle is long, in order to avoid being registered by others, many people will register copyright before applying for a trademark to protect their original works.

The above is what is the difference between trademark registration and copyright registration? of the entire content. With the advancement of the Internet era, there are more and more cases of infringement and piracy of original works. To avoid future disputes, the simplest way is to make arrangements for intellectual property protection in advance and register copyrights and trademarks at the same time. If you have any other questions about trademark registration, please log in to Intellectual Property for consultation and understanding at any time. Trademark registration inquiry How long does it take to register trademark copyright