1. The difference between copyright protection and trademark registration
Copyright protection and trademark registration are both important concepts within the scope of intellectual property. However, there are differences between them Many key differences.First of all, from the perspective of the applicant organization, copyright registration is mainly handled by the National Copyright Administration , and trademark registration needs to be applied through the Trademark Office of the State Administration for Industry and Commerce.
The objects of protection are also different. Copyright mainly covers original literature, art and Scientific works, such as books, music, movie scripts, etc.; while trademarks mainly target brand names, logos or combinations thereof, aiming to distinguish the source of goods or services.
Furthermore, the protection period is also different. The protection period of copyright is usually the lifetime of the author. and fifty years after his death; the trademark registration is valid for ten years, but can be renewed in accordance with the law.
The purposes of protection are also different. The core goal of trademark registration is to ensure product quality and maintenance. Trademark reputation and protection of consumer rights; while the original intention of copyright is to stimulate the creation and dissemination of works and promote the prosperity and development of cultural and scientific undertakings.
Finally, the application conditions are also different. Trademark registration must strictly abide by the relevant provisions of the Trademark Law, including the classification of product categories and names. Classification list; and copyright is automatically generated without going through specific procedures
In short, There are significant differences between copyright and trademark in terms of protection objects, protection period, application agency and protection purpose.
An in-depth understanding of these differences will help us grasp and apply these two intellectual property protection methods more accurately.
Article 22 of the "Trademark Law" An applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.
Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application. Trademark.
Trademark registration application and other relevant documents can be in writing or data message. Proposed.
2. Whether unregistered trademarks are protected by law
Unregistered trademarks often cannot be effectively protected at the legal level.
This type of trademark is not entitled to exclusive trademark rights, which means that unregistered trademark users cannot use this to prohibit other companies from using the same trademark. Use the same or similar trademark logo in the field of goods or services
In some cases. Under certain circumstances, unregistered trademarks may still have the opportunity to obtain a certain degree of protection from a legal perspective.
For example, if an unregistered trademark has been widely recognized by consumers in a certain geographical area, or its owner has previously used the trademark, then such a trademark may be used in a certain geographical area. To a certain extent, it is protected by the law.
Furthermore, if the unregistered trademark is due to If it has accumulated a certain degree of popularity through long-term use and has established a good reputation in the market environment, it may also be protected by the Anti-Unfair Competition Law.
In summary, although unregistered trademarks generally lack protection at the legal level, under certain circumstances, they may still be Get a certain level of legal protection
No comments yet. Say something...