Legal analysis: 1. The objects are different. Copyright protects works for people to appreciate, learn and read; trademark rights protect goods and service marks used to distinguish different producers and operators and different goods. 2. The conditions and requirements for protection are different. The Copyright Act can protect two works on the same subject, as long as the works are original. However, the Trademark Law will not protect two identical trademarks on the same kind or type of goods. 3. Rights are generated in different ways. Copyrights usually arise automatically and do not need to go through any registration or review procedures; trademarks must be reviewed by specific national administrative agencies in accordance with the law and then awarded to legitimate applicants.
Legal basis: "Copyright Law of the People's Republic of China" Article 24 Under the following circumstances, works may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the author must be specified Name or title, title of the work, and shall not affect the normal use of the work, nor reasonably damage the legitimate rights and interests of the copyright owner: (1) for personal study, research or appreciation, using other people's published works; (2) for personal study, research or appreciation; (2) for Introduce and comment on a certain work or explain a certain issue, and appropriately quote others' published works in the work; (3) In order to report news, inevitably reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media (4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast current articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media, but the copyright owner has stated that this is not allowed Except for publishing or broadcasting; (5) newspapers, periodicals, radio stations, television stations and other media publishing or broadcasting speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast; (6) for school classroom teaching or scientific research , translate, adapt, assemble, broadcast or reproduce in small quantities published works for use by teaching or scientific researchers, but shall not be published or distributed; (7) State agencies use published works within a reasonable scope for the purpose of performing official duties; (8) Books The libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., reproduce the works collected by the museum for the purpose of display or preservation of versions; (9) Free performances of published works, which do not charge fees to the public, nor do any Performers are paid and not for profit; (10) Copying, painting, photographing, and videotaping artistic works installed or displayed in public places; (11) Bringing Chinese citizens, legal persons, or unincorporated organizations Published works created in the national common language are translated into minority languages ????and published domestically; (12) Provide published works to people with reading disabilities in an accessible manner that they can perceive; (13) Laws , other situations stipulated in administrative regulations. The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.
Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark: (1) Without the permission of the trademark registrant, Using the same trademark as its registered trademark on the same kind of goods; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using the same or similar trademark as its registered trademark on similar goods Trademarks that are likely to cause confusion; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; (5) Without trademark registration The person agrees to change his or her registered trademark and put the goods with the changed trademark back into the market; (6) Intentionally providing facilities for infringement of other people’s trademark rights and helping others to infringe trademark rights; (7) Giving others The exclusive right to use a registered trademark causes other damage.