Logo Copyright What is the difference between trademarks?

1. The scope of legal protection is different.

Logos can also be registered as trademarks. Copyright and trademark need to be registered at the same time because the copyright application belongs to the Copyright Office, and the trademark is managed by the Trademark Office, and it can be protected by two different organizations at the same time.

2. Ownership of different rights.

The designer and owner of this logo may not be the same person. Ordinary companies have to commission designers to design logos. Then, as a commissioned work, the copyright attribution of the trademark can be divided into two cases:

3. The protection time is different.

As a work of art, the general term of protection of the logo is 50 years; The term of copyright protection is the life of the author, and 50 years after the death of the author, ending on December 31, 50 years after the death of the author; Trademarks can be renewed indefinitely, and protection is indefinite. Therefore, if you want to own the logo for a long time, the logo should be registered as a trademark. Although the term of protection of a trademark is unlimited, a trademark needs to be renewed every 10 years.

4. They have different functions.

Logos play an important role in identification and promotion. Through the identity of the image, consumers can be different from other corporate entities and remember the corporate entity and brand culture. The logo in the network is mainly a graphic symbol used by each ** to link the others**, representing ** or a part of **; Copyright, also known as copyright, refers to the rights enjoyed by citizens, legal persons and other organizations over their literary and artistic and scientific works in accordance with the law.

protection of original works, such as writing, **, artistic and scientific creations; A trademark is an intangible asset that distinguishes the brand or service of an operator from the goods or services of other operators.

1.The definition is different

logo——It is the English term of logo or trademark, which is a visual information expression formed by people in long-term life and practice, with a certain meaning and can make people understand the visual graphics, with concise, clear and clear visual communication effect. Through the image of the logo, consumers can remember the main body of the company and brand culture, and play a role in identifying and promoting the company.

Copyright-- Copyright, also known as copyright, refers to the direct and exclusive right of the author or other right holder to control his work in accordance with the law, and is divided into two categories: moral rights and property rights, of which the property rights of works can be licensed to others to use or transfer.

1) Personal rights include: the right of publication, the right of authorship, the right of modification, and the right to protect the integrity of the work.

2) Property rights include: the right of reproduction, the right of distribution, the right of rental, the right of exhibition, the right of performance, the right of screening, the right of broadcasting, the right of information network dissemination, the right of filming, the right of adaptation, the right of translation, the right of compilation, and other rights that shall be enjoyed by the copyright owner.

Trademarks-- It is a sign used by a commercial entity on the goods or services it provides, and can distinguish its goods or services from those provided by other market entities. Trademarks approved and registered by the Trademark Office are registered trademarks, 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.

2.The rights are different

As an art work, the logo condenses the wisdom of the creator, and automatically obtains the copyright on the date of completion of the creation (but the copyright must be registered to be protected by the copyright law); Copyright must be registered in order to be protected by copyright law; Trademarks must be reviewed by the Trademark Office before they have trademark rights.

3.The laws under protection are different

The logo is protected under the Copyright Act (a well-known trademark can also obtain special protection under the Trademark Act in certain unregistered circumstances), and the trademark is protected by the Trademark Act. If the logo is registered as a trademark and has passed the examination of the Trademark Office, then the logo is a trademark and is protected by both the Copyright Law and the Trademark Law.

4.The term of protection is different

The term of protection of a logo as a work of art is generally as follows:

Natural person: lifetime + 50 years after death; Legal persons and organizations: 50 years after publication.

The trademark is for 10 years, but it can be renewed for an indefinite period of time.

What is the difference between a copyright trademark? Copyright and trademark are both common rights in real life. Copyright is also the copyright of the past, which belongs to a kind of right enjoyed by a certain work; A trademark is a legal term that belongs to or is part of a brand.

Many friends confuse copyright and trademark, so what is the difference and connection between copyright and trademark? In fact, there is a big difference between trademark and copyright, and the following pilot intellectual property rights will introduce you to the difference between copyright and trademark.

1. After the trademark is registered, others cannot register it. In the case of copyright, others can register copyright, and copyright does not require a business license, as long as it is a natural person.

2. The trademark is mainly aimed at the product, and the copyright refers to the copyright of the work, that is to say, if your trademark has a pattern and has registered the copyright, it proves that the trademark was designed by you and you have the right to create the pattern.

3. The time of protection is different, copyright protection: natural person, the author's lifetime plus 50 years after death; Legal person, 50 years after the first publication of the work. The term of protection of a trademark is 10 years, and you need to renew the trademark after 10 years.

4. Copyright registration is cost-effective, and it only needs to be registered once to obtain protection, and the protection period is up to 50 years after the author's death, and there is no need to renew or renew during the period.

5. The application time for copyright is fast, and the certificate can be obtained in more than two months (which can be accelerated), which makes up for the lack of slow trademark application time, and makes up for the gap that customers have not registered all classes.

6. Increase the number of intellectual property rights held by customers, and the connection between trademarks and copyrights. Cross-protection, in general, refers to the application for trademark registration and copyright registration for a logo, so that the logo can obtain both trademark and copyright protection.

The benefits of the right to register the rights of the bend, the copyright registration in Shanghai, the trademark and the copyright registration.

According to the provisions of China's "Copyright Law", copyright refers to a kind of civil right enjoyed by the creator of a literary, artistic or scientific work or other citizen, legal person or unincorporated unit that enjoys copyright in accordance with the law, with the domination of the work as the object, specifically including the moral right of the author and the right of the copyright of the property. The moral rights of the author belong exclusively to the author, including the right of publication, the right of authorship, the right of modification, and the right to protect the integrity of the work. Copyright property right refers to the copyright owner's right to use and receive remuneration for his work, which can be transferred to the heirs of the copyright owner or to the legal person or unincorporated unit that inherits the rights and obligations of the copyright owner, or is enjoyed by the state.

Trademark right refers to a kind of civil right enjoyed by a trademark registrant over its registered trademark in accordance with the law. In China, the acquisition of trademark rights must be approved by the Trademark Office of the State Administration for Industry and Commerce. Trademark rights mainly include the right to use trademarks, the right to transfer trademarks, the right to license trademarks, and the right to inherit trademarks.

Among them, the exclusive right to use a trademark is the core of trademark rights. Although both copyrights and trademarks are intellectual property rights, there are many differences between them. In terms of classification, trademark rights belong to industrial property rights, and industrial property rights and copyrights are the two major branches of intellectual property.

In terms of the characteristics of rights, copyright and trademark rights have the following differences: 1. In terms of the subject of rights, the subject of copyright can be either an individual citizen, a legal person or an unincorporated unit; It can be the author himself, his heirs or the heirs of his rights and obligations, and sometimes the State. The subject of trademark rights is mainly legal persons, and if an individual citizen applies for a registered trademark in China, he must be an individual businessman.

The state cannot be the subject of trademark rights. 2.In terms of the acquisition of rights, the acquisition of copyright is generally automatic, while the creation of trademark rights requires confirmation by the state administrative authority.

3.In terms of the subject matter of rights, the subject matter of copyright is literary, artistic and scientific works, and the subject matter of trademark rights is trademarks used for goods or services. 4.

In terms of the exclusivity of rights, two people can obtain copyright for the same work independently in the copyright of the virtual chair, and the trademark right has a strong exclusivity, not only can not appear the same trademark with the same scope of protection, but also cannot appear similar trademarks with the same scope of protection. In the case of well-known trademarks, the exclusivity of rights is more obvious.

The difference between copyright and trademark is as follows: 1. The object of protection of copyright registration is text, art, and scientific creation, and the object of protection of trademark is trademark logo; 2. The copyright registration agency is the copyright registration center, and the trademark handling agency is the Trademark Office; 3. The term of copyright registration is 50 years after the author's death. The term of trademark protection is 10 years.

[Legal basis].

Article 2 of the Trademark Law of the People's Republic of China*** The Trademark Office of the Administration for Industry and Commerce is in charge of the registration and management of national trademarks. The administrative department for industry and commerce has set up a Trademark Review and Adjudication Board to handle trademark disputes. Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Article 2 of the Copyright Law of the People's Republic of China The works of Chinese citizens, legal persons or other organizations, regardless of whether they are published or not, shall enjoy copyright in accordance with this Law. Article 7 The copyright administrative management department shall be in charge of copyright management work nationwide; The copyright administrative departments of the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government are in charge of copyright management efforts in their respective administrative regions.

1. The applicant institutions are different.

Trademarks are filed through the Trademark Office.

The application for copyright registration is made through the China Copyright Protection Center.

2. The objects of protection are different.

Trademark rights protect trademarks that have been approved and registered by the national trademark management authority.

Copyright protects works registered by the Copyright Protection Center of China, and according to the provisions of the Copyright Law of the People's Republic of China, the completion of the work is the sign of copyright generation rather than the time of publication.

The acquisition of trademark rights must be carried out in accordance with the trademark registration procedure, and the principle of first-to-file application is implemented. The Trademark Law 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.

The Copyright Law stipulates that China's citizens, legal persons and unincorporated organizations take the completion of the work as a sign of the creation of copyright. Since it is difficult to determine the completion time, the applicant can apply to the copyright registration authority in accordance with the provisions of the law to publish the work and its rights in the register, which is what we call copyright registration.

4. The term of protection is different.

The term of the trademark is 10 years, after which you need to apply for renewal.

The term of protection of the software copyright of a natural person is the life of the natural person and 50 years after his death; The term of protection of the software copyright of a legal person or other organization is 50 years after the first publication of the software, but if the software is not published within 50 years from the date of completion of development, it shall no longer be protected.

Copyrighted. Logo copyright belongs to the art work in the copyright, which is protected by the intellectual property law, and the logo belongs to the scope of copyright, as a property right, the copyright owner can use it to obtain economic benefits.

Legal basis: Copyright Law of the People's Republic of China Article 3 The works referred to in this Law include works of literature, art and natural sciences, social sciences, engineering and technology created in the following forms:

1) Written works (2) Oral works (3) **, drama, opera, dance, acrobatic works (4) Fine arts and architectural works (5) Photographic works (6) Film works and works created by methods similar to film production (7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works (8) Computer software (9) Other works stipulated by laws and administrative regulations.