By searching in Bajie Intellectual Property Trademark Encyclopedia, we can know that the category of stationery trademark is 16-1602- technical paper (excluding insulating paper); 1605- office and daily paper products; 16 1 1- Office stationery (excluding pens, ink, seals and glue); 16 14- pen; 16 15- adhesive tape or adhesive for office or home use.
What does the trademark itself have to do with copyright? We can obtain trademarks through trademark trading. Trademark right refers to the right obtained by a trademark registrant to use the trademark exclusively for the specified goods or services. Copyright, also known as copyright, refers to the property rights and personal rights of natural persons, legal persons or other organizations to literary, artistic or scientific works according to law.
We know that copyrights and trademarks belong to the category of intellectual property rights; The object of trademark protection is commercial signs such as words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds that can distinguish the source of goods or services, while the object of copyright protection is original works of literature, art and science;
When the trademark design reaches a certain creative height, is original and expresses the creator's thoughts, the trademark can become the protection object of copyright law. At this time, trademarks and copyrights intersect.
But the two trademark application agencies are different, and the trademark is applied through the Trademark Office. Copyright is registered through China Copyright Protection Center. The object of protection is also different. Trademark rights protect trademarks registered with the approval of the State Trademark Office. Copyright protection works registered by China Copyright Protection Center. According to the provisions of the copyright law, the completion of a work is a sign of copyright, not the time of publication.
In the field of validity, the term of a trademark is 10 years, and an application for renewal is required after 10 years. The copyright protection period is 50 years before and after the author's death. Some applicants think that owning a trademark right is equivalent to owning a trademark copyright. But this is not the case, and the above differences can be seen. If you want to have the trademark right and copyright of a trademark at the same time, you'd better register the copyright when registering the trademark.
There are many advantages to timely registration in copyright registration. Trademarks are registered by category, and the protection of trademarks is also by category. If your trademark is not fully protected, then registered copyright can play a very good auxiliary protection role. Trademark application cycle is long, and copyright application cycle is short. Before the trademark is approved for registration, the copyright certificate can play a certain role in trademark defense.
Copyright can prove the ownership of a trademark. Doing a good job in copyright registration can prepare evidence in advance for future trademark disputes. Once the copyright is registered, if others want to use the trademark, they must get the permission of the right holder, otherwise it is infringement. Copyright registration certificate can be used as proof of rights, which is a prerequisite for copyright owners to start anti-piracy and rights protection actions.
To sum up, trademark right and copyright are complementary and can be complementary. When applying for a graphic trademark, the copyright registration of the graphic can protect its rights from infringement more comprehensively and effectively, thus reducing the cost of the trademark owner to a certain extent.