Can copyright registration protect trademarks? What are the benefits of copyright registration?
Can copyright registration protect trademarks? What are the benefits of copyright registration? Nowadays, more and more applicants are considering registering copyright while registering trademarks. Trademark and copyright seem to have little to do with each other, but they are inextricably linked. Today, I want to discuss with you why copyright registration will hold up an umbrella for trademarks when it rains. Can copyright registration protect trademarks? Copyright registration is conducive to ensuring the stability of trademark rights and preventing the loss of rights caused by only registering trademarks. When the trademark designer and the trademark registrant are the same person, there will be no conflict of rights legally, but if they are not the same person, or if they are the same person but cannot be proved, there will be conflict of rights. In this case, the registration of trademarks is likely to be affected. Because it is difficult to prove the ownership and determine the original rights without copyright registration when the work is commissioned by others or when it is a job work, it will cause great difficulties for the obligee to claim rights. Copyright registration solves this problem well, because unless there is other evidence to the contrary to overturn the contents of the copyright registration certificate, the party holding the registration certificate will be recognized as the copyright owner of the work by the judicial organ or the administrative organ. According to the relevant provisions of the Trademark Law, if the copyright owner has any objection to the registered trademark, he may apply to the Trademark Review and Adjudication Board to cancel the registered trademark, or he may request the court to order the trademark owner to stop using the registered trademark. Therefore, if the ownership of copyright is unknown, the trademark may encounter disputes over the copyright of trademark works during the registration process. That is to say, when applying for trademark registration, if the trademark designer claims that the copyright of the trademark belongs to him, and the trademark applicant can't produce the corresponding evidence, it will cause trouble. So far, only copyright registration is the most effective and convenient way to avoid it. When applying for a trademark, you can ensure that the copyright and trademark rights of the trademark belong to you. In addition, some people think that works have copyright from the date of creation. Since they are all owned by themselves, why should they register? As we all know, although copyright has its own protection function, this kind of protection can't play a role when it needs to provide evidence to confirm the right, which is its disadvantage. In order to protect our copyright, the best way is to register copyright, especially trademarks, and register copyright first, which can avoid many problems in the subsequent registration process. What are the benefits of copyright registration? 1. Trademark applications are registered by category, and the corresponding protection is also by category. Your trademark has not been covered by all categories for the time being, so copyright plays a very good auxiliary protection role. 2. The trademark application cycle is long and the copyright application cycle is short. Before the trademark is approved, the copyright certificate can also play a certain defensive role. 3. Copyright can prove the ownership of the trademark, so as to avoid the invalidation of the trademark due to ownership problems in the future. Once the copyright is registered, anyone else's use must get the consent of the right holder, otherwise it is 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. According to the relevant provisions of China's Trademark Law and Patent Law, trademarks and design patents that conflict with others' prior rights can be revoked and invalid. Therefore, if a work of art (such as a graphic) is applied for a registered trademark by others, or a graphic trademark is registered by others in other categories, at this time, it is more likely to use the prior right of copyright to raise an objection or revoke it. Can a trademark be protected by registering copyright? What are the benefits of copyright registration? We are here to answer this question for you. If you want to apply for copyright registration, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.