Copyright cannot be used as a trademark. Copyrights and trademarks are both intellectual property rights, but there are many differences, so the two cannot be used interchangeably. Copyright is mainly used for works, while trademarks are words, graphics, letters, and numbers used by producers and operators of goods on the goods they produce, manufacture, process, select, or distribute, or by service providers on the services they provide. , three-dimensional logo, etc.

Legal Basis

Article 4 of the Trademark Law of the People's Republic of China

In the course of production and business activities, natural persons, legal persons or other organizations shall If it is necessary to obtain the exclusive right to use a trademark for its goods or services, it must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

Article 8

Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, colors Combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

Article 2 of the "Copyright Law of the People's Republic of China" that took effect on June 1, 2021

The works of Chinese citizens, legal persons or unincorporated organizations, whether published or not , enjoy copyright in accordance with this law.

Article 62

The copyright referred to in this Law is copyright.