I. Definition and scope of protection of trademarks

Trademarks refer to signs used to identify the source of goods or services, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and combinations of the above elements. The main function of a trademark is to distinguish the source of goods or services and prevent consumers from being confused. The protection scope of trademarks mainly focuses on the goods or services that use trademarks, and prevents others from using the same or similar trademarks without authorization.

II. Definition and scope of protection of copyright

Copyright refers to the exclusive rights that an author enjoys in his works of literature, art, natural science, social science, engineering technology, etc. These works include novels, poems, essays, papers, computer software, paintings, photographs and so on. Copyright protects the originality and expression of works and prevents others from copying, distributing, performing, displaying, playing and making derivative works without authorization.

Third, the difference between trademarks and copyrights

1. The objects of protection are different: trademarks protect the marks of goods or services, while copyrights protect the originality and expression of works.

2. Different scope of protection: the scope of protection of trademarks mainly focuses on the goods or services that use trademarks, while the scope of protection of copyrights covers all forms of expression and ways of use of works.

3. Different ways to obtain a trademark: the trademark needs to go through the registration procedure, while the copyright is automatically generated. Once the work is created, the author has the copyright.

4. The contents of rights are different: trademark rights mainly include the right to use, the right to prohibit, the right to transfer and the right to license, while copyright rights include the right to copy, distribute, lease, exhibit, perform, show, broadcast, information network communication, filming, adaptation, translation and assembly.

To sum up:

Trademarks and copyrights are two different forms of intellectual property, and there are obvious differences in the object, scope, way and purpose of protection. Trademarks are mainly used to identify the source of goods or services to prevent consumers from being confused; Copyright, on the other hand, protects the originality and expression of the work and prevents others from using it without authorization. Therefore, although trademarks and copyrights are important forms of intellectual property, they are not the same thing.

Legal basis:

Article 3 of the Trademark Law of the People's Republic of China

stipulates:

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.

Article 2 of the Copyright Law of the People's Republic of China

stipulates:

Works of China citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons according to the agreement signed between the country to which the author belongs or the country where he has his habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons that are first published in China shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed an agreement with China or participated in international treaties are first published in member countries of international treaties to which China is a party, or published in member countries and non-member countries at the same time, which are protected by this law.