Legal analysis: the original rights come into being in different ways. Copyright: In China, as in most other countries, copyright is automatically generated after the author's works are created, without the approval of any competent authority. 2. Trademark right: China implements the principle of prior registration, and the exclusive right to use a trademark can only be obtained after the first application for registration and approval by the competent authority. The protection purpose is different 1. Copyright: Copyright protects works created in the fields of literature, art and science and related rights and interests. Its purpose is to encourage the creation and dissemination of works beneficial to society and promote the development and prosperity of socialist culture and science. 2. Trademark right: A trademark protected by trademark right is a distinctive sign that distinguishes the source of goods or services. The purpose of protection is to promote producers to ensure the quality of goods and maintain the reputation of trademarks, thus protecting the interests of consumers and promoting the development of socialist commodity economy and fair competition.
Legal basis: Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are violations of the exclusive right to use a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant.
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) causing other damage to the exclusive right to use a registered trademark of others.