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Can a trademark still apply for copyright registration?

Not everyone can apply for copyright registration for a trademark. In accordance with relevant legal provisions, works are subject to voluntary registration. And the aforementioned works generally refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science.

Legal Basis

Article 2 of the "Trial Measures for Voluntary Registration of Works"

Voluntary registration of works is implemented. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected.

Article 3 of the "Copyright Law of the People's Republic of China" that took effect on June 1, 2021

The works referred to in this law refer to literature, art and science Intellectual achievements that are original in the field and can be expressed in a certain form include:

(1) Written works;

(2) Oral works;

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

(4) Art and architectural works;

(5) Photographic works;

(6) Film works and works created using methods similar to filmmaking;

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

(8) Computer software;

(9) Other works stipulated in laws and administrative regulations.

Article 62

The copyright referred to in this Law is copyright.