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Competition between trademark right and copyright
Legal analysis: The types of trademarks can be divided into word mark, graphic trademarks and three-dimensional trademarks. Accordingly, the works that may conflict with the trademark right as the object of copyright mainly include written works, art works, photographic works and architectural works. There are two main forms: first, when the applicant registered the trademark, he used the copyright works of others; Second, the work uses a registered trademark of others. First, check whether there are similarities between the applicant and the trademark registrant, and whether the trademark and the work are fraudulent. Secondly, check the time of the author's work and the registration time of the trademark registrant. Specifically, there are three situations: the copyright of the prior obligee was obtained before the trademark application date, so the prior obligee can generally prevent the registration of the trademark. When the copyright owner cannot provide evidence to prove that the completion time of his work is earlier than the date of application for trademark registration, it will be impossible to prevent the registration of the trademark. If the copyright of the prior obligee was obtained before the trademark application date, but the trademark applicant can provide evidence to prove that his trademark was independently created, the trademark will be approved for registration, that is, each will enjoy corresponding rights.

Legal basis: Article 8 of the Trademark Law of People's Republic of China (PRC) Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can apply for registration as a trademark.