Do I need to apply for copyright for my trademark?

It is not necessary to apply for copyright for a trademark. However, a trademark must be registered before it can be used. For trademark copyright, the trademark owner can choose whether to register the copyright. Registered trademarks can better protect copyright-related rights. Regarding the question of whether it is necessary to apply for copyright for a trademark, the editor of Legal Savior NetWork will answer it in detail for you below.

1. Is it necessary to apply for copyright for the trademark?

1. The trademark is not You must apply for copyright. However, a trademark must be registered before it can be used. For trademark copyright, the trademark owner can choose whether to register the copyright. Registered trademarks can better protect copyright-related rights.

2. Legal basis:

"Trial Measures for Voluntary Registration of Works of the People's Republic of China" No. Article 2 works shall be registered voluntarily. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected.

Article 8 of the "Trial Measures for Voluntary Registration of Works of the People's Republic of China" Authors or other copyright holders who apply for registration of works should present proof of identity or provide proof of ownership of the rights to the work (For example: copies of the cover and copyright page, copies and photos of part of the manuscript, samples, etc.), fill in the work registration form, and pay the registration fee. Other copyright owners who apply for work registration should also present proof of the identity of the copyright owner (for example, an heir should present proof of heir identity; the client who entrusts a work should present an entrustment contract). The owner of exclusive rights should produce a contract evidencing his or her exclusive rights.

Article 9 of the "Trial Measures for Voluntary Registration of Works of the People's Republic of China": After the registered work has been verified by the works registration authority, the works registration authority will issue a work registration certificate. The work registration certificate shall be produced by the registration authority according to the sample attached to these Measures. The verification period of the registration authority is one month, which is calculated from the date when the registration authority receives all application materials submitted by the applicant.

2. After applying for a registered trademark, it is also necessary to apply for copyright

1. Fill in the application form: On the center website, first register the user, then log in, and fill in the application form online as required Finally, confirm, submit and print.

2. Submit application documents: The applicant or agent shall submit registration application documents as required.

3. Pay the application fee: When the application documents meet the acceptance requirements, the software registration agency will issue a payment notice, and the applicant or agent will pay the fee in accordance with the notice.

4. The registration agency accepts the application: If the application documents meet the acceptance requirements and the application fee is paid, the registration agency will accept the application within the specified period and notify the applicant or The agent issues a notice of acceptance and a payment receipt.

5. Correction procedure: If there are defects in the application documents, the applicant or agent should make corrections within the prescribed time limit. If the corrections are not made within the prescribed time limit, the application will be deemed to be invalid. Withdrawal; if it still does not comply with the registration regulations after correction, the registration agency will not register and notify the applicant or agent in writing.

6. Obtain a registration certificate: If the work is confirmed to meet the registration conditions after review, a "Work Registration Certificate" will be issued. If you go to the registration acceptance hall to collect the certificate, you should collect the certificate with the original acceptance notice 30 working days after the date of acceptance. If registration is not allowed, the reasons must be explained. If the copyright registration certificate needs to be mailed, please fill in the correct contact address in the application form.

I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.