Definition of trademark, copyright and patent:
trademark
A trademark is composed of characters, graphics, letters, numbers, three-dimensional symbols, color combinations or the combination of the above elements, and is a prominent symbol adopted by producers and operators of commodities in production, manufacturing, processing, selection, distribution or service providers. In the commercial field, words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, can all apply for registration as trademarks.
Copyright:
Copyright is copyright, which refers to the rights (including property rights and personal rights) enjoyed by authors of literary, artistic and scientific works. Copyright is a kind of intellectual property, including the copyright of natural science, social science, literature, music, drama, painting, sculpture, photography and film works.
Patents:
There are three kinds of patents: invention, utility model and design. Patents are examined by the Patent Office and trademarks by the Trademark Office. Generally speaking, the patent examination process is relatively complicated and takes a long time.
Trademarks and copyrights
Many small partners who have applied for trademarks know that there are 45 types of goods. If a trademark is applied to all kinds of goods, the cost is very large. If it is not applied in all categories, others can use the same trademark in other categories.
Copyright has nothing to do with the goods carrying the works, and it can be protected only by keeping the original manuscript or even without registration, so the cost of protecting a design with copyright is very low.
Of course, the limitations of copyright are also obvious. First of all, a few simple sentences cannot constitute a work in the sense of copyright law; For graphics, similarly, simple graphics are not protected by copyright.
When the copyright is infringed, the obligee must provide evidence to prove that he is the copyright owner and enjoys the copyright. If it is difficult for the copyright owner to prove that he is the creator of the work or the successor of the right, it will cause great difficulty for the right holder to claim the right.
The system of voluntary registration of copyright is to solve these problems. If the right holder registers the copyright after the creation of the work, he only needs to show the certificate issued by the registration center when giving evidence, which will generally be recognized by the court or relevant authorities.
Therefore, for beautifully designed graphic trademarks, this combination protection can be adopted: 1. Trademark registration of trademark categories involved in enterprise products; 2. Submit the graphic design for copyright registration.
Trademarks and patents
Trademarks and patents belong to traditional intellectual property rights, which are regional and strictly territorial. Domestic trademarks and patents have no effect abroad and need to be reapplied.
In addition, both of them have timeliness, the difference is that trademarks can be extended indefinitely, and after the patent expires, they will become social free technology.
The coincidence of patent and trademark lies in the protection of products such as labels and three-dimensional trademarks. Before the amendment of the patent law, design patents can protect patterns, so important graphic trademarks will generally apply for design patents at the same time; After the revision of the patent law, the design patent no longer protects the pattern.
In addition to labeled products, it is still recommended to apply for trademarks and patents at the same time for product designs with relatively complex appearance and large trademark patterns, so as to maximize the protection and scope.
However, trademark law sometimes conflicts with patents. First of all, when a design is significant enough to distinguish the source of a product, it can undoubtedly be protected by the trademark law. In addition, when a trademark is used on a commodity and becomes a new design with aesthetic feeling, it can be protected by the patent law.
Trademark right and design patent right have different legal basis. Trademark law requires trademarks to be universal, distinctive and easy to identify, while patent law requires that design patents are obviously different from previous designs. In addition, the protection period of the two rights is different. In theory, the trademark right can be extended indefinitely by applying for renewal, while the design patent right has a time limit. If the protection period of the design patent right is exceeded, the design may be registered as a trademark by someone other than the patent right.
The Trademark Office is responsible for the application, examination and confirmation of trademark rights, and the Industrial and Commercial Bureau is responsible for the claim and protection of their rights; The patent office is responsible for the application, examination and confirmation of the patent right for design, and the local patent office is also responsible for the protection of its rights.
Faced with these conflicts, the solution is:
1. If the patentee applies for a design patent by using the trademark words and graphics that have been approved by others in advance, it is obviously an infringement on the legal rights (trademark rights) that others have obtained in advance. At this point, the trademark owner may file a request for invalidation of the patent with the Patent Reexamination Board, or bring a lawsuit directly to the court according to the Trademark Law.
2. If the patentee thinks that the exclusive right to use a registered trademark of another person infringes his own patent right, he may object to the trademark or request that the trademark be declared invalid.