What's the difference between trademark registration and copyright registration? Many people will have the idea that having the trademark right of a trademark is equivalent to having the copyright of a trademark, but in fact it is not the case. The following intellectual property rights are introduced in detail for everyone.
the difference between trademark and copyright
1. the application institution is different
the trademark is applied through the trademark office. Copyright is registered through China Copyright Protection Center.
2. Different objects of protection
Trademark rights protect trademarks that have been approved and registered by the State Trademark Administration. Copyright protects the works registered by China Copyright Protection Center, and according to the provisions of the Copyright Law of the People's Republic of China, the completion of the works is the symbol of copyright generation, not when it is published.
3. The term of protection is different
The term of a trademark is 1 years, and an application for renewal is required after 1 years. The term of copyright protection is the author's life and 5 years after his death. Some applicants think that owning the trademark right of a trademark is equivalent to owning the copyright of a trademark. But this is not the case, and the above differences can be seen. If you want to own the trademark right and copyright of a trademark at the same time, you'd better do copyright registration when registering a trademark.
Benefits of copyright registration
1. Trademarks are applied for registration by category, and the protection of trademarks is also by category. If your trademark has not been fully protected, then registering copyright can play a very good auxiliary protection role.
2. The period of trademark application is long and the period of copyright application is short. Before the trademark is approved and registered, the copyright certificate can play a certain role in trademark defense.
3. Copyright can prove the ownership of a trademark. Doing a good job in 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 get permission from the right holder, otherwise it will be an infringement. Copyright registration certificate can be used as proof of rights, which is a prerequisite for copyright owners to start anti-piracy and rights protection actions.
5. trademark law article 32 an application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means. According to the relevant provisions of China's Trademark Law and Patent Law, trademarks and design patents that conflict with the prior rights of others can be invalidated and revoked. Therefore, if a work of art is applied for a registered trademark by others, or a graphic trademark is registered by others in other categories, at this time, the success rate is relatively high by using the prior right of copyright to object or invalidate it. But after all, it takes a lot of energy to raise objections or be invalid.
Many people also have questions. Since copyright plays such a big role, why don't I register the copyright directly and register the trademark?
Of course not. Trademarks are an inevitable condition for commercial use. Only copyright, although you are original, will be very limited in the use of products, and can not restrict others from using the ordinary font of this name to register trademarks. Name rights protection can not be separated from trademark certificates, and it must be supported by trademark certificates when entering many platforms. Normally, it is recommended that enterprises apply for trademarks at the same time when using products, and maximize protection with the least cost!
Due to the long period of trademark application, in order to avoid being registered by others, many people will go to copyright registration to protect their original works before trademark application.
What's the difference between trademark registration and copyright registration? The entire content. With the progress of the Internet era, there are more and more cases of infringement and piracy of original works. In order to avoid future disputes, the simplest way is to deploy intellectual property protection in advance and register copyright and trademark at the same time. If you have other questions about trademark registration, please feel free to log in to Intellectual Property for consultation and understanding. How long does it take for trademark registration inquiry? Trademark copyright registration