Should graphic trademarks apply for artistic copyrights?

In our real life, some art works are infringed and used by others, and some graphic Trademarks are misappropriated by others into art works. Both of these are due to failure to apply for relevant trademark registration rights and works. Issues arising from copyright. So, should graphic trademarks be applied for copyright in art works? The editor of Legal Savior Network will give you the answer.

Should graphic trademarks apply for art copyrights

First of all, it is best to apply for artistic copyright for graphic trademarks. According to Article 3 of the Trademark Law of the People's Republic of China: A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Trademark applications belong to the Trademark Office, and copyright applications belong to copyrights bureau. Today, trademarks and copyrights belong to two examination agencies and examination databases. That is, when you register a trademark, the trademark examiner will not go to the Copyright Office system database to check whether there is a previous application for the same or similar copyright. The same , the Copyright Office will not check whether there is an identical or earlier trademark application in the trademark system. Therefore, this will result in the trademark graphic being registered as an art copyright by others. Even if you can have sufficient evidence to prove that the trademark graphic was created by you, it will be a laborious, laborious and cost-intensive matter to deal with the lawsuit. . In order to affect the normal use of the trademark, the safest way is to obtain artistic copyright for the trademark graphics.

What is the term for trademark registration

According to Article 39 of the "Trademark Law of the People's Republic of China": the validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 40: If a registered trademark has expired and needs to be continued to be used, the trademark registrant The renewal procedures should be handled in accordance with the regulations within twelve months before the expiration; if it fails to be handled during this period, a six-month extension period can be given. The validity period of each renewal registration is ten years, starting from the last date of the trademark. The validity period shall be calculated from the day after the expiration of the validity period. If the renewal procedures are not completed at the expiration of the period, the registered trademark shall be cancelled. The Trademark Office shall announce the renewed registration of the trademark.

Trademark registration should also pay attention to the registration period. The validity period of a registered trademark is ten years. Only within the guaranteed period of validity of the trademark , in order to prevent the trademark from being used normally due to expired registration.

The above is the editor's answer to whether graphic trademarks should apply for art copyrights. It is best to apply for art copyrights for graphic trademarks, so as to prevent others from applying for art copyrights for the trademark graphics and affecting the normal use of the trademark. If If you have any legal questions, please go to the Legal Savior Network for relevant legal consultation.