How to determine whether a trademark belongs to copyright
The identification of trademark ownership and copyright is the key.
my country's "Trademark Law" stipulates who has the first trademark The trademark will be granted to whoever applies first, but if there is already a prior right, then even after the trademark opposition period, if someone else's trademark is registered and the trademark ownership is obtained, you can still go to the Trademark Review and Adjudication Board to request the revocation of the malicious grab based on the principle of prior rights. registered trademark, or resolve it through court judgment.
Trademark rights refer to the rights of the trademark registrant in accordance with the law. A civil right enjoyed by a registered trademark. In my country, the acquisition of Trademark rights must be approved by the Trademark Office of the State Administration for Industry and Commerce. Trademark rights mainly include the right to exclusive use of a trademark, the right to transfer a trademark, the right to license a trademark, the right to inherit a trademark, etc. Among them, the exclusive right to use trademarks is the core of trademark rights.
Although copyright and trademark rights are both intellectual property rights, there are many differences between them. In terms of classification, trademark rights belong to industrial property rights, and industrial property rights and copyrights are the two major branches of intellectual property rights. In terms of the characteristics of rights, copyright and trademark rights areThe following differences:
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, his heirs or the recipients of his rights and obligations, and sometimes it can 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 obtaining rights, copyright Acquisition is generally automatic, and the creation of trademark rights requires confirmation by state administrative agencies.
3. In terms of the subject matter of the right, copyright The subject matter of trademark rights is literary, artistic and scientific works, and the subject matter of trademark rights is trademarks used for goods or services.
4. In terms of exclusivity of rights, copyright Two persons can obtain copyright if they independently complete the same work. Trademark rights are highly exclusive. Not only the same trademark with the same scope of protection cannot appear, but also similar trademarks with the same scope of protection cannot appear. For well-known trademarks, the exclusivity of rights is even more obvious.
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