Second, the conditions and requirements of security are different. Copyright law can protect two works with the same theme, as long as they are original. However, the trademark law will not protect the same commodity or two identical trademarks on the same commodity.
Third, rights are generated in different ways. Copyright is usually generated automatically and does not require any registration or review procedures; A trademark must be examined by a specific administrative organ of the state according to law and awarded to a legitimate applicant.
Legal basis: Article 49 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.