Does registering a copyright protect a trademark? What are the benefits of copyright registration?

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To a certain extent, copyright registration has a certain protective effect on trademarks.

1) Trademarks are applied for registration by class, and the protection of trademarks is also classified by class. If your trademark has not been fully protected, then registering your copyright can play a good role in auxiliary protection.

2) The trademark application period is long, and the copyright application cycle is short. Before the trademark is approved for registration, the copyright certificate can play a certain role in trademark defense.

3) Copyright can prove the ownership of Hu Ming's trademark. Doing a good job of copyright registration can prepare evidence in advance for future trademark disputes.

4) Once the copyright is registered, if others want to use the trademark, they must obtain the permission of the right holder, otherwise it will be infringement. The copyright registration certificate can be used as proof of rights, which is a prerequisite for the copyright owner to initiate anti-piracy and rights protection actions.

Whichever one you choose with the same name, the registration result will be the same.

Because no matter which ** company is chosen, the final acceptance is the conclusion made by the Trademark Office, and other institutions have no right to make conclusions, and there are no unspoken rules for trademark registration at present.

Copyright registration has a role to play in trademarks. That is, the copyright registration of the work in accordance with the law can prove the ownership of the trademark, and the copyright registration certificate can be used as a proof of rights to prove the illegal acts of the goods, and the Trademark Office will punish the infringement and promotion, and obtain the corresponding trademark infringement compensation.

[Legal basis].

If a registered trademark under Article 44 of the Trademark Law of the People's Republic of China violates the provisions of Articles 4, 10, 11 and 12 of this Law 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 correction is not made after the expiration of the period, the registered trademark shall be revoked by the Commercial Burning Trademark Bureau. 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.

What is the difference between copyright protection and trademark registration? When we carry out copyright registration, we generally involve the development of our own literary works and software, and to achieve a certain value of Li Gai, what is the difference between this and trademark registration? Below, in order to help you better understand the relevant knowledge, intellectual property rights have compiled the following content, I hope it will be helpful to you.

What is the difference between copyright registration and trademark registration?

1. The applicant is different. The trademark is applied for through the Trademark Office, and the copyright is registered through the Mubi China Copyright Registration Center.

2. The objects of protection are different. In China, the acquisition of trademark rights must go through the trademark registration procedure, and the principle of first-to-apply is implemented.

The Trademark Law of the People's Republic of China stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. According to the provisions of the Copyright Law of the People's Republic of China, China's citizens, legal persons and unincorporated organizations use the completion of the work as the sign of copyright generation rather than 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. Copyright, on the other hand, is the protection of original works such as text, art, and scientific creations.

What is the difference between copyright protection and trademark registration? Related, copyright registration and trademark registration are two different things, and they are protected by two laws, this copyright registration and trademark registration can be said to be very little related, and their protection period, object and object will be different, if you have other questions, you can consult intellectual property professional consultants.

Copyright registration in Beijing, copyright registration in Shanghai, copyright registration.

Copyright and trademark can be registered at the same time. A trademark can be applied for to become a copyright, but copyright does not have to be a trademark. The advantages of applying for copyright protection for trademark representations are that copyright has prior precedence over trademark rights.

If the copyright owner believes that the registered trademark of the trademark owner is directly or indirectly derived from the work of the trademark owner without its permission, the copyright owner may request the trademark owner to stop using the trademark. The Trademark Law and the Implementing Rules of the Trademark Law expressly provide for the protection of legitimate prior rights, and if a trademark registration is obtained by infringing on the lawful prior rights of others, including copyright, the trademark office shall revoke the registered trademark.

Copyright protection, also known as copyright, is not "how to prevent use", but "how to control use", and the essence of copyright law is a mechanism to control the use of works. The key to copyright protection on the Internet in China lies in striking a balance between promoting the development of the Internet and protecting the interests of copyright holders, and the top priority at the moment is to improve legislation in this regard as soon as possible.

Trademark registration is a prerequisite and condition for the trademark user to obtain the exclusive right to use the trademark, and only the trademark that has been approved for registration can be protected by law. The principle of trademark registration is the basic criterion for determining the exclusive right to use a trademark, and the choice of different registration principles is the result of the balance between legal certainty and legal fairness by legislators of various countries in this issue.

1. What should I do if the trademark is applied for copyright by someone else?

It is possible to apply to the court for a lawsuit.

Article 60 of the Trademark Law contains one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law, and if a dispute arises, the parties shall resolve it through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to do so, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter.

When the administrative department for industry and commerce handles the case, it shall determine that the infringement is established, order it to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used to manufacture the infringing goods and forge the logo of the registered trademark, and if the illegal business turnover is more than 50,000 yuan, it may impose a fine of not more than five times the illegal business revenue, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Where there are two or more acts of trademark infringement within five years or other serious circumstances, a heavier punishment shall be imposed. If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by the person and explain the supplier, the administrative department for industry and commerce shall order the sale to be stopped.

In the case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

The most basic function of registered trademark registration copyright is to protect one's own brand, self-creation, and the act of confirming rights.