What is the difference between copyright and trademark? If I have applied for a trademark, do I stil

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.

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 is 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.

Copyright registration, also known as copyright registration, in China, copyright arises from the date of completion of the creation of a work, and copyright registration is not a prerequisite for obtaining copyright, but the copyright registration certificate is a preliminary proof of the registration matter, which can be used as a proof document for claiming rights or filing administrative handling or litigation of rights disputes. computer software, which can be registered by the China Copyright Protection Center; Other original works: text, art, photography, film, **, architectural works and engineering design drawings, etc., can be registered by the provincial copyright registration department.

In some countries, there were some negative consequences for works that were not registered.

Legal document analysis: Trademarks are applied for through the Trademark Office, and copyrights are registered through the China Copyright Registration Center. A registered trademark can only be created after an application and approval from the Trademark Office, while copyright is born from the date of completion of the original work, and registration is not mandatory.

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, graphic cracks, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements, may be used as a source of business to apply for registration.

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.

Look at the specific situation to make a decision: its.

1. If it is a word trademark, the trademark registrant does not want to protect all classes, so there is no need to apply for copyright registration. That.

2. If it is a word trademark, the trademark registrant needs to register the copyright if he wants to protect all classes.

It depends on the specific situation

That. 1. If it is a word trademark, the trademark registrant does not want to protect all classes, so there is no need to apply for copyright registration.

That. 2. If it is a word trademark, the trademark registrant needs to register the copyright if he wants to protect all classes.

Article 49 of the Copyright Law stipulates that if a copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual losses of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. Where the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, on the basis of the circumstances of the infringement, make a judgment to give compensation of up to 500,000 yuan.

The parties concerned may apply for copyright registration of the trademark application, but it is not necessary to apply for it. Trademarks must be registered before they can be used. For trademark copyright, the trademark owner can choose whether or not to register the copyright.

Legal basis

Article 2 of the Trial Measures for the Voluntary Registration of Works.

Voluntary registration of works is carried out. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright owners in accordance with the law will not be affected.

Article 8. Authors or other copyright owners who apply for registration of works should present proof of identity or provide proof of ownership of the rights of the work (e.g., copies of the cover and copyright pages, copies of some manuscripts and **, samples, etc.), fill in the work registration form, and pay the registration fee.

Other copyright owners applying for registration of works should also present a certificate indicating the identity of the copyright owner (such as the heir should present the identity certificate of the heir; The consignor of the commissioned work shall present the consignment contract). The owner of the exclusive right shall produce a contract evidencing his or her exclusive rights.

Article 9. After the registered work is verified by the work registration authority, the work registration authority will issue a work registration certificate. The work registration certificate shall be searched in accordance with the samples attached to these measures and shall be made by the registration authority.

The period of verification by the registration authority is one month, which is calculated from the date on which the registration authority receives all the materials submitted by the applicant for the registration of the ruler calendar.

Trademarks can apply for copyright, if we have registered copyright, we have prior rights, others are not allowed to use the stool logo to register trademarks, which has achieved the role of a full class of protection. Fast issuance and low investment. The application period of copyright is short, and the copyright certificate can also play a certain role in defense and protection before the trademark is approved.

Avoid getting caught up in lawsuits.

OK. After the application is submitted, the Trademark Office will conduct a formal examination and substantive examination, and after the examination is passed, it will issue a notice of preliminary approval of the announcement, and the announcement period is 3 months, and if there is no objection from the prior right holder and interested party during the announcement period, the trademark will be approved for registration, and the Trademark Office will issue a trademark registration certificate, and the whole process will take about 12 months.

Legal basisArticle 22 of the Trademark Law.

The applicant for trademark registration shall fill in the class of goods and the name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration. An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application. The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

It is up to the trademark owner to decide whether the trademark applied for by the parties should continue to apply for copyright. You can apply for copyright for double protection, or you can not apply for it. If applying for trademark copyright, the applicant needs to present proof of identity and proof of ownership of the rights of the work (e.g

Copies of the cover and copyright pages, copies of some manuscripts and **, samples, etc.), and fill in the work registration form and pay the registration fee.

Trial Measures for Voluntary Registration of Works".

Copies of the cover and copyright pages, copies of some manuscripts and samples, etc.), fill in the work registration form, and pay the registration fee. Other copyright owners applying for registration of works should also present a certificate indicating the identity of the copyright owner (such as the heir should present the identity certificate of the heir;

The consignor of the commissioned work shall present the consignment contract). The owner of the exclusive right shall produce a contract evidencing his or her exclusive rights.

Trial Measures for Voluntary Registration of Works".

Article 9. After the registered work is verified by the work Yanmin registration authority, the work registration authority will issue a work registration certificate. The work registration certificate shall be made by the registration authority in accordance with the sample attached to these Measures.

The time limit for verification by the registration authority is one month, which shall be calculated from the date on which the registration authority receives all the materials submitted by the applicant for registration.