How to deal with conflicts between trademark rights and copyrights

Settled in accordance with the principle of prior rights. When applying for trademark registration, you must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence. Regarding the issue of how to deal with the conflict between Trademark rights and copyrights, the editor of Legal Savior Network will give you detailed answers below.

1. How to deal with conflicts between trademark rights and copyrights

1 , settled in accordance with the principle of prior rights.

2. When applying for trademark registration, you must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence.

3. Legal basis: "Trademark Law of the People's Republic of China"

32 The application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register a trademark that has been used by others and has certain influence by unfair means.

Article 33: For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights owner or interested parties believe that the trademark violates this Article The provisions of Paragraphs 2 and 3 of Article 13, Paragraph 1 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32 of the Law, or any person who believes that it violates Article 4, Article 10, Article 11, Article 12, Article 19, Paragraph 4 of this Law may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

2. What are the differences between trademark rights and copyrights?

1. In terms of the subject of rights, the subject of copyright can either It can be an individual citizen, a legal person or an unincorporated unit; it can be the author himself, his heirs or the inheritors of his rights and obligations, and sometimes it can be the country. 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, copyright is generally acquired automatically, while trademark rights require confirmation by the national 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 trademark used for goods or services.

4. In terms of the exclusivity of rights, two people in copyright can obtain the copyright if they independently complete the same work. Trademark rights are quite exclusive. Not only cannot there be the same trademark with the same scope of protection, but also the scope of protection cannot be Identical and similar trademarks. For well-known trademarks, the exclusivity of rights is more obvious.

According to certain legal provisions and combined with the actual situation can help us solve the problem more reasonably The rights conflict between copyright and trademark rights. At the same time, by understanding the connection and difference between these two intellectual property rights, you can also promptly discover and defend your rights when they conflict. I hope the above content can be helpful to you. Help, if you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.