How to resolve the conflicts between trademark rights and copyrights? ?
Conflicts between trademark rights and copyrights can be resolved through negotiation and litigation. Compared with trademark rights, copyrights have 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 cancel it. This is a registered 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 gain the upper hand by unfair means Register 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 used to deceive If registration is obtained by illegal means or other unfair 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 specified in the preceding two paragraphs, if there is a dispute over a registered trademark, the trademark may be filed within five years from the date the trademark was approved for registration. The review committee applies for a ruling. After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the relevantThe parties concerned shall submit their defense within a time limit.
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