Copyright and trademark rights can be applied at the same time. According to the relevant provisions of China's copyright law, copyright applies to finished works embodied in tangible forms. Trademark rights apply to goods or services. The two have different departmental law adjustments, but they are not mutually exclusive and can be applied simultaneously.

legal ground

Paragraph 1 and Paragraph 2 of Article 2 of the Copyright Law of People's Republic of China (PRC), which came into effect on June 1 20265438.

Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.

The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law.

Article 4 of the Trademark Law of People's Republic of China (PRC)

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected.

The provisions of this Law on commodity trademarks shall apply to service trademarks.