The difference between copyright registration and trademark registration

Although trademark rights and copyrights are both intellectual property rights, they are protected by different laws and have different subject matter. After registering as a trademark, it is possible to exclude others from using the same or similar trademark on the same or similar goods, but it cannot preclude others from registering or using the same or similar goods (although it is possible to oppose it on the basis of copyright, it is difficult to provide evidence if it is not registered). Registering protection in all classes is relatively costly, and the best way to do this is to register it as a copyright so that it can be excluded from being registered as a trademark.

However, not all trademarks can be registered for copyright.

Legal basis: Trademark Law of the People's Republic of China

Article 8 Any sign 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, color combinations and sounds, as well as a combination of the above elements, may be registered as a trademark.

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.

1. The meaning and the way to obtain it are different.

A registered trademark is mainly used to distinguish it from other competitors' goods or services, and the trademark applicant submits the registration application to the Trademark Office, and the Trademark Office will approve the trademark registration certificate after the examination is approved. After obtaining the certificate, you can mark the reg within the approved range; Use. Copyright registration is also copyright registration, all natural persons, legal persons or other organizations can register copyright works for the creation of text works, art works, photographic works, ** works, etc., and obtain copyright certificates.

2. The protection time is different.

The trademark is valid for 10 years after successful registration, and the trademark can be renewed before expiration, and the validity period will be extended for another 10 years after successful renewal. Although copyright is said to be protected by the Copyright Law from the date of creation, if you want to claim rights and prove ownership in infringement, you need to register copyright, and the protection period after registration is 50 years.

3. The registration time is different.

Trademark registration is not an easy matter, if the registration is successful, it takes 9 to 13 months, while the copyright registration of ordinary art works can be reviewed and issued within 25 to 30 working days, and the expedited copyright registration time will be faster.

4. The scope of trademark copyright protection is different.

When applying for trademark registration, it is necessary to select the trademark class, and after successful registration, the protection is limited to the scope of the selected class, and the use of the applicant's brand logo by others on different non-similar goods or services will not constitute infringement.

1. What materials should be submitted for copyright registration.

1. Fill in the complete application form for the registration of the copyright of the work as required;

2. Proof of the applicant's remaining body fluids;

3. Proof of ownership of rights;

4. Samples of works (paper or electronic media samples can be submitted);

5. Description of the work (please write from the three aspects of creative intention, creative process and originality, and ask the author to sign);

6. When entrusting another person to apply on behalf of the applicant, the first person shall submit the author's power of attorney;

7. Proof of identity of the person.

2. What are the copyright registration materials?

1. Materials required for the registration of computer software works:

Application form for software copyright registration;

identification materials for the software, including source programs and documentation;

A written power of attorney to entrust the Copyright Affairs Center to register the software**.

2. Materials required for copyright registration of general works:

Qualification documents of the author and copyright owner;

Entry Registration Form;

Application for registration of Naib and works;

Description of the creation of the work (explaining the creative concept, the main features and content of the work, etc.);

Guarantee of Rights;

2 clear copies of the work (1 photocopy, 1 color manuscript), signed by the author;

Power of attorney; and copyright attribution certificate (commissioned works need to provide a commissioned creation agreement, and service creative works need to provide a copyright ownership agreement).

2. The objects of protection are different. The acquisition of trademark rights must be carried out in accordance with the trademark registration procedure, and the first-to-file principle is implemented. The Trademark Law stipulates that a trademark approved and registered by the Business Bridge Template Bureau is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Copyright generally arises automatically and does not need to go through certain special procedures, and according to the provisions of the Copyright Law, citizens and legal persons and unincorporated organizations use the completion of the work as a sign of copyright creation rather than at the time of publication. 3. The term of protection is different. The term of a trademark is only 10 years, and more than 10 years are subject to trademark renewal.

Once the copyright has been registered, the term of protection is for the life of the author and for 50 years after his death. 4. The subject matter is different. A trademark is a trademark that distinguishes different operators of the same goods or services and indicates the quality of the goods or services.

And copyright (copyright) is the protection of original works such as text, art, and scientific creation.

Legal basis: Trademark Law of the People's Republic of China Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce. Sensitivity is slow.

The role of copyright registration on trademark registration is embodied in the following aspects: 1. Since trademarks are applied for registration by category, registered copyright can protect trademarks by category; 2. Since the copyright registration period is shorter than that of trademarks, the trademark content covered by copyright registration can also be protected in advance before the trademark is registered.

[Legal basis].

If a registered trademark under Article 44 of the Trademark Law of the People's Republic of China violates the provisions of Article 4, Article 10, Article 11, Article 12 or Paragraph 4 of Article 19 of this Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. Article 49 Where a trademark registrant changes the registered trademark, the name or address of the registrant or other registration matters in the course of using the registered trademark, the local administrative department for industry and commerce shall order him to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark. If a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark.

The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce.