Is it useful to register a trademark and register a copyright?
If a trademark has been maliciously registered by others, registration of copyright will not obtain trademark rights. Registration of copyright only protects the copyright of the trademark. The applicant should apply to declare the trademark invalid.
Relevant legal provisions
Trademark Law of the People's Republic of China
Article 45 A registered trademark that violates Article 4 of this Law The second and third paragraphs of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31, and Article 32 shall be valid for five years from the date of trademark registration. During the year, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a defense within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.
When the Trademark Review and Adjudication Board examines a request for invalidation in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be If the case is being heard by the people's court or the administrative agency isThe review may be suspended based on the outcome of another case being processed. After the reasons for the suspension are eliminated, the review process should be resumed.
The above knowledge is the editor's answer to the question "Is it useful to register a copyright after a trademark has been registered?" The trademark has been maliciously snatched by others. Note that registering copyright does not obtain trademark rights. Registering copyright only protects trademark copyright. The applicant should apply for a declaration of trademark invalidity. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
