1. Different application agencies
Trademarks are applied for through the Trademark Office.
Copyright is registered through the China Copyright Protection Center.
2. Different objects of protection
Trademark rights protect trademarks that have been approved and registered by the national trademark management authority. < /p>
3. Different legal procedures for taking effect
To obtain trademark rights, the trademark registration procedure must be followed, and the first-to-file principle is implemented. The Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
Copyright generally arises automatically without going through certain special procedures. The "Copyright Law" stipulates that the completion of a work is a sign of the creation of copyright for citizens, legal persons and unincorporated organizations in our country. Since the completion time is difficult to determine, the applicant can apply to the copyright registration authority in accordance with the provisions of the law to have the work and its rights published in the registration book, which is what we call copyright registration.
4. Different protection periods
The term of a trademark is 10 years. If it exceeds 10 years, you need to apply for renewal.
The protection period for a natural person’s software copyright is the natural person’s lifetime and 50 years after his or her death; the protection period for a legal person’s or other organization’s software copyright is 50 years after the software is first published, but the protection period starts from the date the software is developed. Anything that has not been published within 50 years will no longer be protected.