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What is the difference between trademark and copyright, which are both intellectual property rights?

Many people are not clear about the similarities and differences between trademarks and copyrights. Can copyright be registered after trademark registration? Are both trademarks and copyrights protected by law at the same time? What is the difference between trademarks and copyrights? Regarding these questions, Intellectual Property Rights will give you detailed answers:

What is a trademark right?

Trademark right refers to the exclusive rights enjoyed by the trademark owner over his or her trademark. The trademark owner obtains the right to exclusively and exclusively use the trademark on designated goods or services. To put it simply, you have the rights to the trademark (right to use, license to use, exclusive right, prohibition right, investment right, transfer right, inheritance right). Trademark owners can use trademark transfer in places such as production, processing, and manufacturing.

What is copyright?

Copyright is also known as copyright. Copyright refers to the legal rights enjoyed by citizens, legal persons and other organizations in the fields of literature, art and science created by them. right.

What are the similarities between trademarks and copyrights?

1. Trademark rights and copyrights are both intellectual property rights, and both protect intangible assets.

2. Trademark rights and copyrights are subject to time and geographical restrictions.

What is the difference between trademark and copyright?

1. The application agencies are different.

Trademarks are applied for through the Trademark Office, and copyrights are registered through the Copyright Registration Center.

2. The objects of protection are different.

To obtain trademark rights in my country, the trademark registration procedure must be followed, and the first-to-file principle must be implemented. The Trademark Law of the People's Republic of China stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. Copyright generally arises automatically and does not need to go through certain special procedures. According to the provisions of the Copyright Law of the People's Republic of China, citizens, legal persons and unincorporated organizations in our country regard the completion of a work as a sign of the creation of copyright rather than the time of publication. .

3. The protection periods are different.

The term of a trademark is only 10 years. If it exceeds 10 years, the trademark must be renewed. Once a copyright is registered, the protection period is the life of the author and 50 years after his death.

4. The objects are different.

A trademark is the trademark mark itself that distinguishes different operators of the same goods or services and indicates the quality of the goods or services. Copyright (copyright) is the protection of original works such as writing, music, art, and scientific creations.

Can trademarks and copyrights be registered at the same time?

Trademarks and copyrights can be registered at the same time. A trademark can be applied to become a copyright, but a copyright is not necessarily a trademark. Since 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.

my country’s Trademark Law stipulates that if someone else uses your work to register a trademark, we can file an objection with the Trademark Office. If conditions are sufficient, it is recommended to register copyright and trademark at the same time. Copyright Intellectual Property