The difference between trademark and copyright

1. The application institution is different

The trademark is applied through the Trademark Office. Copyright is registered through China Copyright Protection Center.

2. Different objects of protection

Trademark rights protect trademarks that have been approved and registered by the State Trademark Administration. Copyright protects the works registered by China Copyright Protection Center, and according to the provisions of the Copyright Law of the People's Republic of China, the completion of the works is the symbol of copyright generation, not when it is published.

3. The term of protection is different

The term of a trademark is 1 years, and an application for renewal is required after 1 years. The term of copyright protection is the author's life and 5 years after his death. Some applicants think that owning the trademark right of a trademark is equivalent to owning the copyright of a trademark. But this is not the case, and the above differences can be seen. If you want to own the trademark right and copyright of a trademark at the same time, you'd better do copyright registration when registering a trademark.

Benefits of copyright registration

1. Trademarks are applied for registration by category, and the protection of trademarks is also by category. If your trademark has not been fully protected, then registering copyright can play a very good auxiliary protection role.

2. The period of trademark application is long and the period of copyright application is short. Before the trademark is approved and registered, the copyright certificate can play a certain role in trademark defense.

3. Copyright can prove the ownership of a trademark. Doing a good job in copyright registration can prepare evidence in advance for future trademark disputes.

4. Once the copyright is registered, if others want to use the trademark, they must get permission from the right holder, otherwise it will be an 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 existing 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, at this time, the use of copyright prior rights to object or invalid, the success rate is relatively large. But after all, it takes a lot of energy to raise objections or be invalid.