1. Are there copyrights for prior rights in trademark law?
Prior rights under trademark law include copyright; prior rights mainly include: trade name rights, copyrights, design patent rights, name rights, portrait rights, etc.
Article 32 of the Trademark Law
Application for trademark registration shall not damage the existing rights of others. If you have prior rights, you may also use unfair means to preemptively register a trademark that is already used by others and has a certain influence.
2. What are the differences between trademark rights and copyrights?
1. In terms of the subject of rights, the subject of copyright can be an individual citizen, a legal person or an unincorporated unit; it can be the author himself or However, its heirs or recipients of its rights and obligations can sometimes be the state. The main subjects of trademark rights are legal persons. If an individual citizen applies to register a trademark in my country, he or she must be an individual business owner. The state cannot be the subject of trademark rights.
2. In terms of the acquisition of rights, the acquisition of copyright is generally generated automatically, while the generation of trademark rights requires confirmation by the state administrative agency.
3. In terms of the subject matter of rights, the subject matter of copyright is literary, artistic and scientific works, and the subject matter of trademark right is the use of goods or services. 's trademark.
4. In terms of exclusivity of rights, two people can obtain the copyright if they independently complete the same work, while trademark rights are quite exclusivity. Not only the same trademark with the same protection scope cannot appear, but also similar trademarks with the same protection scope cannot appear. For well-known trademarks, the exclusivity of rights is even more obvious.
3. How much does it cost to register a copyright?
What the author needs to do when applying for copyright The charging standards for copyright registration fees are also different and can be roughly divided into the following categories:
1. Text works: mainly expressed through the display of text, such as The charging standards for novels, essays, etc. are generally calculated based on the number of words. The fee is 100 yuan for one hundred words or less, 150 yuan for one hundred to five thousand words, and one hundred and fifty yuan for five thousand and one words. The fee is 200 yuan for 10,000 words, and 300 yuan for more than 10,000 words. If it is like a novel, and there are many novels in a series, the charging standard can be determined through negotiation.
2. Oral works: It is a kind of work that is just dictated but has not yet been written. For example, speech works, the charging standard is also based on the number of words. The fees are the same as those for written works.
3. Music, drama, folk art, dance, acrobatics, and artistic works: such as personally created music, personally choreographed dance acrobatics, etc. are all charged for the first time Three hundred yuan. If it is a series of works, each piece will be charged one hundred yuan from the second piece onwards.
4. Project and product works: For example, the design drawing of a project or product, etc., the charging standard is 500 yuan for the first piece. If it is a series of works, the fee will be from The fee for each item starting from the second item is NT$100.
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