How to deal with conflicts between copyright and trademark rights? Copyright used to be called copyright. The original meaning of copyright is the right of reproduction. Trademark right is the abbreviation of trademark exclusive right, which refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect the registered trademark under national law. So how to deal with conflicts between copyright and trademark rights? Conflicts between Copyright and Trademark Rights How to deal with conflicts between copyright and trademark rights? For trademark rights, copyright has priority. If the copyright owner believes that the trademark owner's registered trademark comes directly or indirectly from his or her work without his permission, the copyright owner can request the trademark owner to stop using the trademark; at the same time, if the trademark owner's registration is legal, the trademark owner The right holder can continue to use the trademark before the trademark authority cancels its registered trademark. In this way, conflicts between copyright and trademark rights are inevitable. The Trademark Law and the Implementing Rules of the Trademark Law clearly stipulate the protection of legitimate prior rights. If a trademark registration is obtained by infringing upon the legitimate prior rights of others, including copyright, the trademark authority should cancel the registered trademark. However, the Copyright Law does not There are no corresponding regulations. It is very necessary to properly resolve the conflict between the two in legislation and practice. Currently, there are many examples of conflicts between copyright and trademark rights. Generally speaking, while protecting prior copyrights, attention should be paid to protecting the legitimate rights of trademark registrants. Specific handling methods can be gradually explored in practice and standardized in legislation. Relevant regulations are based on the Trademark Law: Article 31: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has certain influence. Article 41 If a registered trademark violates the provisions of Articles 10, 11, and 12 of this Law, or if the registration was obtained by deception or other improper means, the Trademark Office shall revoke the registered trademark. ; Other units or individuals may request the Trademark Review and Adjudication Board to revoke the registered trademark. If a registered trademark violates the provisions of Articles 13, 15, 16, and 31 of this Law, within five years from the date of trademark registration, the trademark owner or interested party may request that the trademark be The review committee ruled to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. Except for the circumstances specified in the preceding two paragraphs, if there is a dispute over a registered trademark, you may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date the trademark is approved for registration. After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the relevant parties and submit a defense within a time limit.