In the process of applying for a registered trademark, it is often the case that the applicant always suggests that copyright registration should be carried out at the same time when applying for the exclusive right to use a trademark in the country. So, what is the relationship between trademark and copyright? Today, Xiaobian will talk about it in detail for you.

a trademark is a sign that distinguishes the source of goods or services, and it is any sign that can distinguish the goods of natural persons, legal persons or other organizations from those of others. Copyright and trademark belong to two review bodies, and copyright application belongs to copyright bureau; Trademark applications belong to the Trademark Office. Therefore, in the process of examination, the Trademark Office and the Copyright Office will not go to each other's database to inquire whether they have the same or similar priority.

This will lead to that if the brand logo is not registered in time after applying for trademark registration, it may be registered by someone with ulterior motives, and the enterprise holding the original trademark will be sued for copyright infringement.

1. Why do trademarks recognized by the state infringe the copyright of others

Copyright is copyright, which refers to the rights (including property rights and individual rights) enjoyed by authors of literary, artistic and scientific works. For entrepreneurs, copyright is mainly reflected in trademark logo design, product packaging, design and so on.

second, the protection of copyright and trademark has its own emphasis

1. The trademark has the exclusive right

Trademark protection is the symbol of goods or services in a specific category. As long as it is a specific category, others cannot be similar or confuse others. Therefore, the protection of trademarks in a single category is strong.

2. Copyright has prior rights

One of the main differences between copyright and trademarks and patents is prior rights. According to the relevant provisions of China's Trademark Law and Patent Law, trademarks and design patents that conflict with other people's prior rights (copyrights) can be revoked and invalidated.

III. Advantages of copyright registration

1. The cost of realizing comprehensive protection is relatively low

Applications for registered trademarks and patents all have clear product categories. If you want comprehensive protection, it will cost a lot of money. The protection scope of copyright registration covers 45 categories, and any service industry and goods are protected. It can effectively prevent others from applying for registration of other categories of goods with the same graphics.

2. The period for realizing comprehensive protection is short

The time for copyright registration is much shorter than that for trademark registration. General trademark registration time is one year, and copyright registration only takes 1-2 months. This effectively avoids the problem that brand protection is in a vacuum during trademark application. It can make the rights of copyright owners get the most comprehensive legal protection in the shortest time.

3. The effective period of comprehensive protection is long

The protection period in copyright registration is long, so it is unnecessary to renew it. Submitted in the name of the company, with a protection period of 5 years; Submitted in the name of an individual, the protection period is life and 5 years of inheritance, and no renewal fee is charged. Copyright registration is an important part of intellectual property protection, which has the advantages of low cost, long validity period, wide scope of protection, and the right of first refusal.