Hello, although trademarks and copyrights are both categories of intellectual property, there are actually essential differences, mainly as follows:?
1. Basic concepts?
1. Copyright (copyright) is also called the "copyright" symbol: ?
It refers to the rights that the author or other persons (including legal persons) enjoy in accordance with the law to a certain work. It is used to express the creator's rights for A legal term for the rights enjoyed in literary and artistic works; the legal ownership of the right to reproduce computer programs, literary works, musical works, pictures, films, etc.
2. Trademark (trademark) symbol:?
A trademark is a mark used to distinguish an operator’s brand or service. The brand or part of the brand is called after it is registered by the relevant government departments in accordance with the law. as "trademark". Including: text, graphics, letters, numbers, combination trademarks, color combinations, three-dimensional logos and trademarks, etc.
2. There are the following substantial differences between trademarks and copyrights:
1) Different ways of obtaining them
1. Copyright: it is divided into automatic acquisition and registration acquisition. According to copyright law, copyright is automatically owned once a work is completed.
2. Trademark: A natural person or legal person must apply for a registered trademark in the country/region where he or she is located, and will only enjoy the trademark right after it is successfully granted, otherwise it will not be protected.
2) Different categories of rights objects
1. Copyright: protects literary, artistic, scientific and other works, and the objects are broader than patent rights.
2. Trademark: Protect the exclusive rights of the registered specific logo element itself on the corresponding products and services in the corresponding country.
3) Different years of protection
1. Copyright: Life-long protection, natural persons in China are protected from the author’s lifetime to 50 years after death/120 years after death in the United States; Chinese legal persons are protected for 50 years Year / 70 years in the United States, copyright is inheritable and non-renewable (such as China).
2. Trademark: The validity period of registered trademarks in most countries is 10 years, calculated from the date of approval of registration, and the validity period of each renewal is still 10 years. There will be differences in the number of years in individual countries, but they can all be renewed.
4) Different geographical scopes of protection
1. Copyright: The geographical scope is wide, and the "Berne Convention" is protected by 177 countries.
2. Trademark: Subject to national geographical restrictions, it is only protected in the country where registration is applied for or in alliance organizations.
5) Exclusivity is different
1. Copyright exclusivity is weak: "Copyright Law" stipulates that as long as it is an original work, regardless of whether it is similar to a published work, it can be obtained independent copyright.
2. Trademark exclusivity is strong: the owner of a successfully registered trademark has the exclusive right to indicate the source of goods or services in order to obtain compensation, and other people’s trademarks that are similar to their own registered trademarks will not be registered.
I hope the above answer will be helpful to you, thank you.