Can I apply for copyright and use it as a trademark? Can I paste it on the product to use it after t

Copyright may not be used as a trademark.

Copyright right, also known as copyright, copyright and trademark right both belong to the scope of intellectual property rights, but there are many differences between the two, so the two cannot be used instead.

There are the following differences between copyright and trademark rights:

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, and the creation of trademark rights needs to be confirmed by the state administrative organ.

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 copyright, 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. For well-known trademarks, the exclusivity of rights is more obvious.

Trademark Law of the People's Republic of China

Article 3 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.

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.

Copyright Law of the People's Republic of China

Article 3: "Works" as used in this Law includes works of literature, art, natural sciences, social sciences, engineering technology, and other such works created in the following forms:

1) Written works;

2) oral works;

3) Drama, opera, dance, and acrobatic artworks;

4) Works of fine arts and architecture;

5) Photographic works;

6) Cinematographic works and works created by methods similar to those used to make films;

7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;

8) computer software;

9) Other works provided for by laws and administrative regulations.

If you have applied for copyright, you are protected by copyright law and cannot be used as a trademark, and the use of the trademark must be registered with the Trademark Office to obtain the trademark right before you can use it, otherwise it will be a counterfeit registered trademark.

Copyright cannot be used as a trademark. Copyright and trademark are both intellectual property rights, but there are many differences, so they cannot be used as a substitute. Copyright is mainly used for works, and the jujube trademark is the words, graphics, letters, numbers, three-dimensional signs, etc. used by the producer or operator of the goods in the production, manufacturing, processing, selection or distribution of the goods, or by the service provider in the services provided.

[Legal basis].

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

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected. Sakura Nian demolition.

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, numerals, three-dimensional signs, color combinations, loud noises and sounds, etc., as well as a combination of the above elements, can be registered as a trademark.

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

Article 2 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.

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

Article 62.

The term "copyright" as used in this Law refers to copyright.

Copyright cannot be used as a trademark. Copyright and trademark are both copyrights, but there are many differences, so they cannot be used as substitutes.

1. Intellectual property rights include:

Intellectual property is an intangible property right, which is distinguished from tangible property rights. Intellectual property is a kind of intellectual achievement, which refers to the rights enjoyed by the right holder in accordance with the law for the results created by its intellectual activities and the marks and reputations in its business activities, which are temporal, territorial and exclusive. It includes literary property rights and industrial property rights, and literary property rights mainly refer to copyright (copyright); Industrial property rights mainly refer to patent rights and trademark rights.

Copyright includes moral rights and property rights. Moral rights include: the right to carry the watch; authorship; the right to rectification; Protection of the right to integrity of the work.

Copyright property rights include: the right of reproduction; the right of issuance; the right to rent; the right to exhibit; performance rights; the right to show; broadcasting rights; adaptation rights; the right of translation; compilation rights; and other rights that should be enjoyed by the copyright owner. In China, patents are divided into three types: invention, utility model and design.

Patent rights include the exclusive right to exploit and the right to transfer. Trademark rights include the right to exclusive, the right to license, and the right to transfer.

2. Is it illegal to use pirated scripts?

Without the consent of the right holder, the application of other people's copyrighted products for profit has violated the provisions of the law, and the right holder may claim rights in accordance with law. The determination of copyright infringement mainly depends on whether the following conditions are met: 1. The fact of infringement means that the perpetrator uses the copyright owner's audio and video works without the permission of the copyright owner and without the conditions of use stipulated in the Copyright Law.

2. The illegality of the act is an absolute right, and everyone is responsible for the obligation of inaction that cannot infringe on this right. 3. The actor is subjectively at fault, and the so-called fault includes two forms: intentional and negligent.

3. Does editing a TV series infringe copyright?

Editing TV series infringes copyright. The copyright owner enjoys complete copyright, and the unauthorized use of film and television drama works obviously constitutes infringement. However, cutting or collapsing the work in fragments without the permission of the copyright owner does not meet the fair use requirements of relevant laws.

In addition, a large number of core episodes and highlights of film and television drama works have been disseminated and continuously recommended, which has constituted a substantial replacement for the original film and television works.

According to Article 9 of the Trademark Law, a 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.

Copyright cannot be used as a trademark. Because copyright refers to the general term of the property and personal rights of the author in accordance with the law, which are original and can be expressed in a certain form in the fields of literature, art and science. The trademark right refers to the exclusive right to use the trademark obtained by the trademark owner who applies for trademark registration with the Trademark Office for its socks or services in business activities.

[Legal basis].Article 4 of the Trademark Law of the People's Republic of China.

If a self-infuriating person, legal person or other judgment organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.

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

Article 62 of the Copyright Law of the People's Republic of China.

The term "copyright" as used in this Law refers to copyright.

Legal Analysis: Copyright cannot be used as a trademark. Copyright and trademark are both copyrights, but there are many differences, so the two cannot be used instead.

Legal basis: Article 13 of the Trademark Law of the People's Republic of China If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it may apply for protection of a well-known trademark in accordance with the provisions of this Law. If the trademark applied for registration for the same or similar goods is a copy, imitation or translation of a well-known trademark that has not been registered in China by another person, and is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

Legal Analysis: Copyright cannot be used as a trademark. Copyright and trademark are both copyrights, but there are many differences, so the two cannot be used instead.

Legal basis: Trademark Law of the People's Republic of China Article 13 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed by repentance, it may apply for protection of a well-known trademark in accordance with the provisions of this Law. If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If the trademark applied for registration for non-identical or dissimilar goods is a copying, imitation or translation of a well-known trademark that has been registered in China by another person, misleading the public, and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.