Are trademarks the same as software copyrights?

The difference between Trademark rights and software copyrights is that the objects of protection are different and the rights are generated in different ways. Trademarks must be applied to the industrial and commercial administration department. The trademark right is protected by law only after the industrial and commercial administration department issues a registration certificate. However, software copyright registration is voluntary. Yes, the software developed is protected by law even without copyright registration. Below, the editor of Legal Savior Network has compiled relevant content for you, let us take a look together.

1. Are trademark rights and software copyright the same?

Trademark rights and software The difference between copyrights is that the objects of protection are different, and the rights are generated in different ways, because trademarks must be applied to the industrial and commercial administrative department. The trademark right is protected by law only after the industrial and commercial administrative department issues a registration certificate. However, software copyright registration is voluntary and developed Software is protected by law even without copyright registration.

First, the objects of protection are different. Copyright protects works for people to appreciate, study and read, such as novels; trademark rights protect goods and service marks used to distinguish different producers and operators and different goods.

Second, the conditions and requirements for protection are different. The Copyright Act can protect two works on the same subject, as long as the works are original. However, the Trademark Law will not protect two identical trademarks on the same kind or type of goods.

Third, rights are generated in different ways. Copyrights usually arise automatically and do not need to go through any registration or review procedures; trademarks must be reviewed by specific national administrative agencies in accordance with the law and then awarded to legitimate applicants.

2. What are the characteristics of trademark rights?

(1) Exclusivity

The basic purpose of granting the owner of a registered trademark the exclusive right to use is In order to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods. In other words, any unauthorized use in commerce will constitute an infringement of trademark exclusive rights. This exclusive right manifests itself in three aspects:

(1) The trademark registrant has the right to use its registered trademark on the goods, product packaging or services and service facilities approved for use in accordance with the relevant provisions of the Trademark Law, and no other person shall interfere;

(2) The trademark registrant has the right to prohibit any other person from using the same or similar trademark on the same or similar goods without its permission. ;

(3) The trademark registrant has the right to license others to use his or her registered trademark, and may also transfer his or her registered trademark to others. Such permission or transfer Must comply with legal provisions and perform certain legal procedures.

(2) Timeliness of trademark rights

Refers to the validity period of the exclusive right to use a trademark. Within the effective period, the exclusive right to use a trademark is protected by law. If no renewal procedures are carried out beyond the effective period, it will no longer be protected by law.

(3) Regionality of trademark rights

The exclusive right of a registered trademark only enjoys legal protection in the country where the trademark is registered, and there is no protection in non-registration countries. Obligations. If a trademark registered in our country wants to obtain exclusive trademark rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement.

(4) Property of trademark rights

The exclusive right to trademark is an intangible property right. Trademark The entire exclusive right is an intellectual achievement, which embodies the hard work and labor of the right holder. Intellectual achievements are different from tangible material wealth. Although it needs to be expressed through a certain carrier, the carrier itself does not have much economic value and reflects the huge economy. The value can only be the intellectual achievements contained in the carrier. Through trademark value evaluation, these trademarks can be used as intangible assets and become part of the company’s investment.

(5) Classification of trademark rights.

For individuals or companies, the software designed is definitely not eligible for trademark rights. Trademarks are composed of text, patterns and other styles. Composed, software copyright cannot apply for extension after the legal protection period expires. Although the protection period of trademark rights is only 10 years, you can apply for renewal after each expiration.

3. How many years is the trademark protection period?

Generally, the protection period of a trademark is 10 years, but the law allows the trademark owner to renew it. There is no limit on the number of renewals, which means that the term of trademark protection is actually permanent. Note: When the trademark validity period expires, if you need to continue to use it, the trademark registrant should go through the renewal procedures in accordance with the regulations within 12 months before expiration.

Legal basis:

Article 40 of the Trademark Law

If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, A six-month grace period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.

The Trademark Office shall announce the renewal of registered trademarks.

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