the trademark cannot be identified as copyright. Because trademark rights do not belong to copyright. Copyright refers to the author's right of authorship, sale, modification, etc. when he completes his intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science. Trademark refers to any sign that can distinguish the goods of different owners in production and operation.

Legal Basis

The works mentioned in Article 3 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 221

refer to intellectual achievements that are original in the fields of literature, art and science and can be expressed in a certain form, including:

(1) written works;

(2) oral works;

(3) works of music, drama, folk art, dance and acrobatics;

(4) works of art and architecture;

(5) photographic works;

(6) cinematographic works and works created by methods similar to cinematography;

(7) graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams;

(8) computer software;

(9) other works as prescribed by laws and administrative regulations.

Article 8 of the Trademark Law of the People's Republic of China

Any mark, including words, figures, letters, numbers, three-dimensional marks, color combinations and sounds, which can distinguish the goods of natural persons, legal persons or other organizations from those of others, and the combination of the above elements can be applied for registration as a trademark.