The fact that someone paid 600,000 yuan to acquire the trademark of "The Legend of Mi Yue" from a guy in Zhengzhou has been widely spread in the industry. As a trademark with its own traffic, the trademark of film and television works is used by many businesses. If the producer does not protect the trademark and brand of this piece of meat that everyone is eyeing, others may be the first to register the trademark for profit. Today, Bajie Intellectual Property Trademark Transfer Network will talk about how to protect the trademarks of film and television works?

1. Registered trademark

According to the Trademark Law, it is most straightforward to register the name of a work as a trademark for protection.

After all, film and television works are closely related to copyright, but they are also related to trademarks, etc. Generally speaking, large intellectual property rights also refer to relatively complete intellectual property protection.

According to the provisions of the Trademark Law, the exclusive right after trademark registration is exclusive. At the same time, trademark applications follow the first-to-file principle, so others cannot register similar trademarks after you register first, which is more direct and effective.

2. Increase visibility

If the work is well-known, it can be protected as the only name of a well-known product. It has high visibility and therefore has priority, mainly for future use. Rights protection.

In order to avoid confusion and misidentification of consumers, Article 57 of the "Trademark Law" and Article 5 of the "Anti-Unfair Competition Law" have established a complete system for registered trademarks and unregistered trademarks ( The unique name, packaging and decoration of well-known products), corporate name to protect the name and other business marks. Requirements: The work is well-known. The disadvantage is that it requires proactive rights protection and cannot protect rights in advance. Once rights protection, inquiry rights, and rights protection are required, the cost of directly registering a trademark is generally higher than the cost of directly registering a trademark first, because the registered trademark is followed by the prior trademark. Rights, with a layer of protection. Later registered trademarks have been preliminarily screened, and similar direct rejections do not require proactive suggestions for rights protection one by one.

3. Copyright

According to Article 1 of the Copyright Law, encouraging the creation and dissemination of works is the legislative purpose of the Copyright Law. However, virtual characters, works, animals The names of organizations and organizations are too short to express unique thoughts and feelings, constitute works, and obtain copyright protection.

In other words, in the process of formulating rules, the Copyright Law does not consider it necessary to protect objects such as virtual character names in order to achieve the legislative purpose of encouraging creation. On the contrary, in order to avoid overly restricting the rights of latecomers, Freedom of creation, copyright law believes that the above-mentioned objects should not be protected.

IV. Commercialization Right

There are some disputes about the commercialization right itself. It is relatively complicated, has no precise legal basis, and conflicts with the current trademark law and copyright law. Therefore, it is necessary to subject to controversy.

If you want to apply for a trademark or encounter intellectual property issues, please contact Bajie Intellectual Property Trademark Agency Platform. We have a first-class business team and a concept of wholehearted customer service, which will help you avoid various trademarks dispute.