2. When the copyright is infringed, the obligee must provide evidence to prove that he is the copyright owner and enjoys the copyright. At this time, it is difficult for the copyright owner to prove that he is the creator of the work or the successor of the right, especially when a work has been designed for a long time, or commissioned by others, or is a job work, it is even more difficult to collect original evidence and determine the copyright owner, which makes it extremely difficult for the right owner to claim rights. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou copyright registered design pattern copyright registered trademark design protection 3. The voluntary registration system of copyright is established to solve the above problems. If the obligee registers the copyright first after the creation of the work, he only needs to produce the certificate issued by the registration center when giving evidence, and it will be recognized by the court or relevant authorities. This greatly lightens the burden of proof of the obligee. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou copyright registered design pattern copyright registered trademark design protection 4. Copyright is produced with the production of works, so it is a prior right compared with trademark right and design patent right. 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 revoked and invalidated. Therefore, if a work of art (such as a graphic) is registered as a trademark by others, or a graphic trademark is registered by others in other categories, it is more likely to use the prior right to raise an objection or revoke it. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou Copyright Registered Design Pattern Copyright Registered Trademark Design Top Protection
4, the necessity of trademark graphic copyright registration 1, apply for registered trademarks and patents, there is a clear product category, if you want to fully protect, the cost is too high. In copyright registration, there is no restriction on the category of goods, and all service industries and goods are protected, which can prevent others from applying for the registration of trademarks of other categories of goods with the same graphics. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou copyright registered trademark design pattern copyright registered trademark design level 2 protection. The application and registration of trademarks and patents takes 65,438+0-3 years, while it takes 65,438+0-3 months to complete in copyright registration. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou copyright registered design pattern copyright registered trademark design protection 5. All kinds of trademark registration and copyright registration Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou copyright registered design pattern copyright registered trademark design all kinds of protection 1. According to the classification principle of goods and services, there are currently 45 categories of goods and services, while trademark registration is classified. When a trademark is registered in a certain category, it is protected in that category and not protected in other unregistered 44 categories (except well-known trademarks). Therefore, in order to make trademarks have exclusive rights in any field (that is, to be protected), they should be registered in all categories. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou Copyright Registered Design Pattern Copyright Registered Trademark Design Top Protection
Especially when the company has many business projects or plans to invest in more fields, all-class registration is particularly important. Some enterprises think that it is not necessary to register all categories at present, but in fact, when enterprises need to make diversified investments to share risks, other categories have already been registered by others, which has a very adverse impact on the development of enterprises. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou Copyright Registered Design Pattern Copyright Registered Trademark Design Top Protection
Second, various registration alternatives-copyright registration here only refers to graphic trademarks or trademarks containing graphics. China's trademark law stipulates that trademark registration shall not conflict with prior rights. Prior rights include copyright. As for graphic trademarks, trademark applicants all enjoy the copyright of graphics. After copyright registration, when others find that the graphic is registered in other categories, they can raise objections or cancel the application for registration according to the copyright they enjoy. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou Copyright Registered Design Pattern Copyright Registered Trademark Design Protection III. Comparison of the advantages and disadvantages of the two methods 1. The cost is higher than that of full-class registration, which is why many enterprises give up full-class registration. Moreover, the trademark has a ten-year period and the renewal fee is also high. The cost of copyright registration is less, which is only equivalent to the cost of a trademark registration. The copyright term is 50 years (when the copyright owner is an individual, the copyright term is 50 years after the death of the individual), and there is no need to renew it. Hangzhou Wuzhou trademark service co., ltd. Hangzhou copyright registered design pattern copyright registered trademark design protection II. Functional comparison registered trademarks at all levels have the most complete protection. When others register the same or similar trademarks in other categories, the Trademark Office may directly reject such registration applications according to the principle of first application. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou Copyright Registered Design Pattern Copyright Registered Trademark Design Top Protection
For graphic trademarks registered in copyright, the Trademark Office will not actively monitor whether the graphic has been registered as copyright. Only when the copyright owner raises an objection or revokes it will the application for registration be rejected or revoked according to the requirements of the copyright owner. Moreover, only when the graphics are completely consistent, the claim of prior rights will be adopted by the Trademark Office, and it is risky to claim copyright approximately. Hangzhou Wuzhou Trademark Service Co., Ltd. Hangzhou Copyright Registered Design Pattern Copyright Registered Trademark Design Top Protection