In fact, a trademark is a kind of logo for an enterprise. Of course, an enterprise cannot do without a trademark, because for its own brand, it is necessary to register a trademark to make the brand famous, so when it comes to trademarks, everyone It must be protected and cannot be stolen by others. So, does the novel with the same name infringe any rights? Let’s find out together below.

1. Does the novel with the same name infringe the rights? It does not count, it is calculated based on the content. The infringement referred to in the Copyright Law refers to the behavior that violates the obligations stipulated in the Copyright Law and infringes upon the personal rights or property rights enjoyed by others in accordance with the Copyright Law. If the infringement of the property rights of others is directly based on the violation of contractual obligations, this behavior is usually only regarded as a breach of contract, and the perpetrator shall bear the liability for breach of contract. Under normal circumstances, behavior that constitutes infringement of copyright or copyright-related rights and interests and should bear infringement liability should meet the following conditions: (1) Illegal. The Copyright Law stipulates that citizens, legal persons or non-legal entities with certain specific qualifications enjoy copyright or copyright-related rights and interests, and also stipulates that all others have the relative obligation not to interfere with it. A breach of these obligations constitutes a breach of the law. In some cases, the law does not stipulate relative obligations to others, and no illegal behavior occurs. For example, using works or materials that are not protected by copyright, making uses that do not require permission from the copyright owner, and performing actions beyond the control of copyright or copyright-related rights and interests are not considered infringements under copyright law. (2) There is objective existence of damaging facts. Damage refers to behavior that causes property losses and mental harm to others. Damage is the objective consequence of illegal behavior. If an act is being planned and has not yet caused any harm, it does not constitute an infringement. For example, if a publishing house takes away an author's manuscript without authorization and prepares it for publication, but it is not published due to some subjective reasons, it does not constitute an infringement. However, if it has been published, even if a single book has not been sold, it should still be considered to constitute infringement. (3) There is a causal relationship with the fact of damage. In other words, the performance of a certain act is the cause of the fact of harm. For example, Person B rewrites an article written by Person A into another article and submits it to a newspaper for publication without authorization. This act of Person B causes damage and therefore meets one of the conditions for infringement. If Person B just practices writing and rewrites an article written by Person A into another article without intending to publish it, and after being seen by the enthusiastic Person C, he recommends it to the newspaper for publication without authorization, Person C's behavior should be considered as inconsistent with The fact that caused A's damage has a causal relationship. As for B's rewriting only for practicing writing, it should be within the scope of fair use and has no necessary causal relationship with the fact of damage. (4) The person who committed the act was at fault, or even though he was not at fault, he still bears civil liability in accordance with the law. That is to say, the actor knew the harmful consequences of the act when he committed the act, or should have foreseen it but failed to do so, or he had foreseen it and believed it could be avoided. For example, if a publishing house knowingly knows that a certain work has copyright, or believes that it does not have copyright without any definite basis, and publishes the work without the consent of the copyright owner, such intentionality or negligence is a fault, and thus meets the conditions for infringement. If a publishing house publishes author B's work without the knowledge and guarantee of author B, and then author A claims that author B's work is an infringing product, the publishing house immediately stops publishing and investigates and verifies, the publishing house is not at fault. Usually, only Author B bears the liability for infringement; if the publisher does not stop publishing, and Author B’s work is indeed an infringing product, the publisher is at fault, and therefore it is jointly and severally liable with Author B as co-infringers. . In addition, if the law clearly stipulates that the actor must bear the liability for damages even if he is not at fault, then the actor has committed a tort.

2. How to apply for trademark registration. The registration process is generally: (1) Trademark inquiry. Trademark search refers to the search by a trademark registration applicant or its agent to see whether the trademark applied for is identical or similar to the prior rights trademark before filing an application for registration. (2) Trademark review. Trademark examination is divided into formal examination and substantive examination. (3) Preliminary review announcement.

Trademark approval refers to the decision to allow registration of a trademark application that complies with the relevant provisions of the Trademark Law after review. And be announced in the "Trademark Announcement". If no one raises an objection within three months or if the objection raised is found to be untenable, the trademark will be registered and take effect, and a registration certificate will be issued. Legal basis: Article 22 of the Trademark Law of the People's Republic of China. Applicants for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.

3. Procedure for applying for trademark registration (1) If a trademark agency is entrusted to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column. (2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can follow the following steps: Prepare the application documents → Submit the application documents at the acceptance window of the trademark registration hall → Print the bar code at the coding window → Pay the application fee at the payment window. When applying for a trademark registration certificate, the following documents should be submitted: (1) For each application, provide a registration certificate for a registered trademark and submit an application for a trademark registration certificate; (1) If you apply directly to the trademark registration hall, submit A copy of the applicant's business license with the official seal of the unit, a copy of the "Trademark Registration Certificate", and a copy of the person in charge of the application; if entrusting a trademark agency to handle the matter, submit a trademark agency power of attorney. The above is a detailed introduction to you about whether novels with the same name infringe upon rights. To sum up, we would like to remind you that duplication of names in online novels generally does not cause infringement. If it causes infringement, it mainly depends on reading. I hope everyone can understand the content. If you have any legal questions, it is recommended to consult a professional lawyer.