Copyright, also known as "copyright", refers to the general name of the rights enjoyed by the authors of literary, artistic and scientific works or others (including legal persons) on their works. These two rights are both related and different, so when there is a conflict between trademark rights and copyright, how can the law protect them?
First of all, let's look at the difference between the two: trademarks are classified and copyright protection is not classified; Trademark protection name, copyright protection expression and design style; Trademarks are regional, and different countries need to apply for registration according to law, while copyright has no national boundaries; The examination of trademark application registration is strict, and the examination of copyright is relatively loose; Trademark registration takes a long time, about one year or more, and copyright registration takes a short time.
The trademark will not take effect until it is approved and registered by the Trademark Office, and the copyright will automatically take effect after the work is completed (provided that the copyright can be registered). Therefore, if the logo is a beautification font (or with graphics), generally speaking, an enterprise should register its copyright first whether it is registered as a trademark or not, and the two can actually complement each other.
The trademark right is valid for 10 year. If it needs to be used again after the expiration, the trademark shall be renewed. However, the copyright does not need to be renewed, and the right of authorship, modification and protection of the integrity of the work have no time limit and are permanently protected by law. The protection period of the right of publication and other property rights shall not be less than 50 years. Copyright is a legal prior right. If others use the same logo in any business, including applying for a trademark or using it as a trademark, they can use the prior copyright to protect their rights.
In China, although copyright is automatically protected, it is usually difficult to keep the focus issues such as the identity of the author, the completion time, the content of the work and the original work, and it is also difficult to confirm the authenticity, which leads to vague evidence. Copyright registration certificate, officially recognized, is a favorable proof of rights protection, can be used as a preliminary proof of rights, and is also a prerequisite for bringing a lawsuit to the people's court and requesting judicial protection.
Trademark protection is classified according to Nice classification table, and copyright is not classified. Later, some people registered in other categories, which can play a greater role in protecting trademarks.
Trademark right and copyright have their own legal protection advantages, and the trademark itself should be protected by copyright. Assuming that it is a personal original work, whether it is trademark right or copyright, it will be more rigorous for an enterprise to apply for registration and register a trademark with dual legal protection.