1. Different institutional applications.
The trademark is applied through the Trademark Office. Copyright is registered through China Copyright Protection Center.
2. The protected objects are different.
Trademark rights protect trademarks registered with the approval of the State Trademark Administration.
Copyright protects the works registered by China Copyright Protection Center, and according to the provisions of the Copyright Law of People's Republic of China (PRC), the completion of the works is the symbol of copyright, not the time of publication.
3. The duration of protection is different
The term of a trademark is 10 years, and it needs to be renewed after 10 years. The copyright protection period is 50 years before and after the author's death.
Some applicants think that owning a trademark right is equivalent to owning a trademark copyright. But this is not the case, and the above differences can be seen. If you want to have the trademark right and copyright of a trademark at the same time, you'd better register the copyright when registering the trademark.
Benefits of registering copyright
1. Trademarks are applied for registration by category, and the protection of trademarks is also by category. If your trademark is not fully protected, then registered copyright can play a very good auxiliary protection role.
2. The trademark application cycle is long and the copyright application cycle is short. Before the trademark is approved for registration, the copyright certificate can play a certain role in trademark defense.
3. Copyright can prove the ownership of trademark. Doing a good job in copyright registration can prepare evidence in advance for future trademark disputes.
Once the copyright is registered, if others want to use the trademark, they must get the permission of the right holder, otherwise it will be infringement. Copyright registration certificate can be used as proof of rights, which is a prerequisite for copyright owners to start anti-piracy and rights protection actions.
5. Trademark Law Article 32 An application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means.
According to the relevant provisions of China's Trademark Law and Patent Law, trademarks and design patents that conflict with the prior rights of others can be invalidated and revoked. Therefore, if a work of art is applied for a registered trademark by others, or a graphic trademark is registered by others in other categories, the success rate is relatively high by using the prior rights of copyright to raise objections or invalidate it. But after all, it takes a lot of energy to raise objections or be invalid.
Many people also have doubts. Since copyright plays such a big role, I can register copyright directly, but can't I register a trademark?
Of course not. Trademark is an inevitable condition for commercial use. Only copyright, although you are original, but the use of the product will be very limited, can not restrict others from using the name of the ordinary font registered trademark. The protection of name right can not be separated from trademark certificate, and it must be supported by trademark certificate when entering many platforms. Under normal circumstances, it is recommended that enterprises apply for trademarks while using products, so as to obtain maximum protection at the lowest cost! ?
Due to the long period of trademark application, in order to avoid being registered by others, many people will register their copyright before trademark application to protect their original works.
China's trademark law stipulates that if someone else uses your work for trademark registration, then we can raise an objection to the trademark office. In the case of sufficient conditions, it is recommended that copyright and trademark be registered at the same time. With the progress of the Internet era, there are more and more cases of infringement and piracy of original works. In order to avoid future disputes, the simplest way is to deploy intellectual property protection in advance and register copyright and trademarks at the same time.