1. Different definitions
Trademark right simply means that you have the right to own a trademark. Trademark owners can use trademarks in places such as production, processing and manufacturing.
copyright, also known as copyright, refers to the rights that citizens, legal persons and other organizations enjoy in accordance with the law in the fields of literature, art and science.
2. Different applicants
Trademarks are applied through the Trademark Office, while copyrights are registered through China copyright registration Center.
3. Different objects of protection
The acquisition of trademark rights in China must go through the trademark registration procedure, and the principle of prior application is implemented. The Trademark Law of the People's Republic of China stipulates that a trademark registered with the approval of the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
however, copyright generally comes into being automatically and does not need to go through some special procedures. According to the Copyright Law of the People's Republic of China, citizens, legal persons and unincorporated organizations in our country take the completion of a work as the symbol of copyright, not when it is published.
4. The protection period is different
The protection period is also different. The term of a trademark is limited to 1 years, and it needs to be renewed after 1 years. After the copyright is registered, the protection period is the author's life and 5 years after his death.
5. Different objects
A trademark is a trademark itself that distinguishes different operators of the same commodity or service and indicates the quality of the commodity or service. Copyright, on the other hand, protects originality such as writing, music, art and scientific creation.
so can trademarks and copyrights be registered at the same time? The answer is yes. Trademarks and copyrights can be registered at the same time. A trademark can apply for copyright, but copyright is not necessarily a trademark. Due to the long period of trademark application, in order to avoid being registered by others, many people will go to copyright registration to protect their original works before trademark application. 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. Under sufficient conditions, it is suggested that copyright and trademark should be registered at the same time.