Article 32 of the Trademark Law stipulates: Application for trademark registration shall not damage the prior rights of others, nor shall unfair means be used to preemptively register a trademark that is already used by others and has a certain influence.
Copyright is a kind of intellectual property, which belongs to what is called "other people's existing prior rights" in the trademark law. Once one party has obtained the copyright, no other person can register the trademark unless authorized.
Intellectual property protection, trademarks, patents, soft copies, copyrights, etc.
Trademark protection mark. Patents are divided into invention patents, utility model patents and appearance patents. Copyright, copyright plus computer software, copyright represents ordinary works, scripts, books, movies, TV series, videos, photography, etc.
Trademarks and Copyrights
Trademarks, also known as brands, protect the right to mark goods/services and are used to distinguish other similar goods that do not involve technology; the protection period is 10 years and can Extension;
The protection period of patents protecting technical solutions or designs is 10 years and 20 years (different in different countries), and cannot be extended; for design categories, it is likely to be protected at the same time as trademark designs;
Copyright, which protects literary, literary and artistic works, is likely to be protected at the same time as trademarks and designs
Trademarks under the scope of copyright protection can
be found in
Part 1 Registered Trademark
Order
1. Trademark
2. Reasons for refusal to register a registered trademark
3. Reasons for refusal of registration
4. Special protection marks
5. Related reasons for refusal of registration
6. The meaning of “prior trademark”
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7. Relevant reasons raised in cases of honest simultaneous use
8. The power to request relevant reasons raised in opposition proceedings and the validity of registered trademarks
9. Rights obtained through registered trademarks
10. Infringement of registered trademarks
11. Limitations on the validity of registered trademarks
12. Exhaustion of rights granted by registered trademarks
13. Registration of infringement action subject to waiver or limitation
14. Infringement action
15. Order to delete infringing mark
16. Order to hand over infringing goods, materials or articles
17. Meaning of infringing goods, materials or articles
18. Limitation on unavailability of transfer relief
19 .Order for the disposal of infringing goods, materials or articles
20. Justice in the County Court or the County Court of Northern Ireland
21. Remedies for threats of infringement proceedings that are the subject matter of property in a registered trade mark
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22. Characteristics of registered trademarks
23.***Has a registered trademark
24. Transfer of registered trademarks, etc.
25. Registration of transactions affecting registered trademarks
26. Trusts and equity interests
27. Application for registration of trademarks as property objects
28. Registered trademark license
29. Exclusive license
30. General principles of licensee’s rights in case of infringement
31. Application for exclusive licensee Rights and remedies of registered trademarks and assignees
32. Registration application
33. Application date
34. Classification priority of trademarks
35. The declaration requires priority application of the Paris Convention
36. Apply for priority registration procedures to other relevant overseas applicants