1. Can I register copyright for someone else’s trademark?
It does work.
According to Article 31 of the current Trademark Law, "Proposing a trademark When applying for registration, you must not infringe on the existing prior rights and interests of others, nor use unfair means to seize other people's trademark registration rights that have already been put into actual use and have certain commercial influence.
” The scope of prior rights referred to in this clause is quite broad and covers many types of rights, including but not limited to trademarks rights, copyrights, patent rights, trade name rights, etc.
If the copyright ownership is unclear, the trademark can easily lead to disputes about the trademark during the registration process. Copyright disputes over creative works have caused a lot of troubles.
Only through copyright registration can we more effectively avoid this problem. type of problem.
By registering copyright at the same time as applying for a trademark, you can ensure the copyright and copyright of the trademark. Trademark rights belong to the applicantbody.
"Criminal Law" Article 213
Using the same trademark as the registered trademark on the same goods or services without the permission of the registered trademark owner, plot If the case is serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.
2. Can individuals register and use trademarks
Citizens can Register your own trademark! However, in order to achieve this goal, you must meet the following requirements: First, individual industrial and commercial households can choose to apply for trademark registration in the name of the applicant as the trade name registered in their "Individual Industrial and Commercial Household Business License"; similarly, They may also choose to apply in the name of the person in charge as recorded on the license.
If the application is made in the name of the person in charge, the identity certificate of the person in charge must also be provided. and business license.
Rural contracting households can choose to The signatory applies for trademark registration in the name of the applicant, and the identity certificate and contract contract of the signatory must be submitted when applying.
Furthermore, other natural persons who are licensed in accordance with the law and engaged in business activities can choose to use The name of the operator recorded in the registration document issued by the relevant administrative department shall be the applicant.To apply for trademark registration in the name of a registered trademark, you must submit the identity certificate of the operator and the registration document issued by the relevant administrative department.
Finally, when a natural person applies for trademark registration, the scope of goods and services he applies for It should be based on the business scope approved in its business license or relevant registration documents, or it should be limited to its own agricultural and sideline products.
Legal basis: Article 4 of the Trademark Law stipulates that natural persons, legal persons or other In the course of production and business activities, an organization that needs to obtain the exclusive right to use a trademark for its goods or services must apply for trademark registration with the Trademark Office.
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