1. What is the relationship between copyright protection and trademark registration
Copyright and trademark Can register at the same time. A trademark can be applied to become a copyright, but a copyright is not necessarily a trademark. The advantage of applying for copyright protection for trademark images is that compared with trademark rights, copyright has priority. If the copyright owner believes that the trademark owner's registered trademark is derived directly or indirectly from its work without its permission, the copyright owner can request the trademark owner to stop using the trademark. The Trademark Law and the Implementing Rules of the Trademark Law clearly stipulate 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 the registered trademark.
Copyright protection, also known as copyright, the ultimate goal is not "how to prevent use", but "how to control use". The essence of copyright law is to control works The mechanism used. The key to Internet copyright protection in China is to find a balance between promoting network development and protecting the interests of copyright owners. The top priority is to improve legislation in this area as soon as possible.
Trademark registration is the prerequisite and condition for a trademark user to obtain the exclusive right to use a trademark. Only trademarks that have been approved and registered are protected by law. Trademark registration principles are the basic criteria for determining the exclusive rights of trademarks. The choice of different registration principles is the result of the legislators of various countries weighing the relationship between legal certainty and legal fairness in this issue.
2. What should I do if my trademark is copyrighted by someone else?
You can apply to the court for litigation.
Legal basisArticle 60 of the Trademark Law is listed in Article 57 of this Law If one of the acts of infringement of the exclusive right to use a registered trademark causes a dispute, it shall be resolved by negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the dispute shall be settled.The trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.
If the industrial and commercial administration department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used in manufacturing Infringing goods or tools that counterfeit registered trademarks and logos, and whose illegal business volume exceeds 50,000 yuan, may be fined not more than five times the illegal business volume. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of 250,000 yuan may be imposed. A fine of less than RMB 10,000. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the Civil Procedure Law of the People's Republic of China. 》Sue in the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Many times when a company is registered, it will need to register a trademark. Registering a trademark is to prevent the company's interests from being infringed. Trademarks are protected by law, and copyrights are also protected by law. You can apply for copyright protection after trademark registration. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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