Unless otherwise agreed, the copyright of graphic works belongs to the author.
If the trademark owner is different from the graphic copyright owner, and the trademark owner uses the graphic registered trademark without obtaining the permission of the graphic copyright owner, it constitutes infringement on the graphic copyright owner. The graphic copyright owner has the right to ask the trademark owner to stop using the trademark and demand compensation.
Graphic trademarks and trademark owners of graphic trademarks (natural persons only) can create graphics or graphic works by themselves. In this case, the trademark right and the copyright owner of the graphic are the same. Where a trademark applicant uses a graphic work created by others, he shall obtain the right to use the graphic work or the copyright of the graphic work (except the right of signature) through an agreement;
When an enterprise as a legal person applies for trademark registration, because the author of a graphic (pattern) must be a natural person, it will inevitably face the situation that the trademark applicant is different from the graphic author. In this case, it is more important to determine the copyright ownership or use of graphics through agreement, so as to avoid the situation that the owner of graphics works is different from the owner of trademarks.