How to deal with the conflict between copyright and trademark rights:
Compared to trademark rights, copyright has priority. If the copyright owner believes that the trademark owner's registered trademark comes directly or indirectly from his or her work without his permission, the copyright owner can request the trademark owner to stop using the trademark; at the same time, if the trademark owner's registration is legal, the trademark owner The right holder can continue to use the trademark before the trademark authority cancels its registered trademark. In this way, conflicts between copyright and trademark rights are inevitable.
The "Trademark Law" expressly stipulates the protection of legitimate prior rights. If a trademark registration is obtained by infringing upon the legitimate prior rights of others, including copyright, the trademark authority should revoke the Register a trademark, but there is no corresponding provision in the Copyright Law. It is very necessary to properly resolve the conflict between the two in legislation and practice. Currently, there are many examples of conflicts between copyright and trademark rights. Generally speaking, while protecting prior copyrights, attention should be paid to protecting the legitimate rights of trademark registrants. Specific handling methods can be gradually explored in practice and standardized in legislation.
Relevant regulations are based on the "Trademark Law": Article 32 Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register by unfair means A trademark that has been used by others and has certain influence.
Article 44: A registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deceptive means If registration is obtained by other improper means, the Trademark Office shall revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark. If a registered trademark violates the provisions of Articles 13, 15, 16, and 31 of this Law, within five years from the date of trademark registration, the trademark owner or interested party may request that the trademark be The review committee ruled to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
Except for the circumstances stipulated in the previous two paragraphs, if there is a dispute over a registered trademark, it may be submitted to the Trademark Review and Adjudication Board within five years from the date the trademark is approved for registration. The committee applied for a ruling. Trademark Review and Adjudication Board receives rulingAfter the application is made, the relevant parties shall be notified and a reply shall be submitted within a time limit.
Copyright:
Copyright used to be called copyright. The original meaning of copyright is the right of reproduction. This is because printing technology was not popular in the past. At that time, society believed that the most important right attached to a work was the right to print and publish it, so it was called this.
Trademark right:
Trademark right is the abbreviation of the exclusive right to trademark, which refers to the trademark authority’s legal Grants trademark owners the exclusive right to protect their registered trademarks under national law. Trademark registrants have the right to control their registered trademarks in accordance with the law and prohibit infringement by others, including the trademark registrant's exclusive use rights, income rights, disposal rights, renewal rights and the rights to prohibit infringement by others of their registered trademarks. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, or a combination of the above elements.
Hua Lu editor reminds you that if the copyright owner believes that the trademark owner’s registered trademark comes directly or indirectly from his work without his permission, the copyright owner will A person can request the trademark owner to stop using the trademark. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.
