Are trademark rights the same as software copyrights?

The difference between trademark rights and software copyrights lies in the different objects of protection and the ways in which rights are generated. Regarding the question of whether trademark rights and software copyrights are the same, let’s take a look at the relevant content compiled by the editor of Legal Savior Network. If you are facing a legal dispute, the situation is complicated, and you want to find a professional lawyer to assist you, please click the consultation button below.

Are trademark rights the same as software copyrights?

What are the differences between trademark rights and software copyrights? The difference is that the objects of protection are different, and the rights are generated in different ways, because trademarks must be applied to the industrial and commercial administrative department. The trademark right is protected by law only after the industrial and commercial administrative department issues a registration certificate. However, software copyright registration is voluntary, and software developed , even without copyright registration, it is protected by law.

First, the objects of protection are different. Copyright protects works for people to appreciate, study and read, such as novels; trademark rights protect goods and service marks used to distinguish different producers and operators and different goods.

Second, the conditions and requirements for protection are different. The Copyright Act can protect two works on the same subject, as long as the works are original. However, the Trademark Law will not protect two identical trademarks on the same kind or type of goods.

Third, rights are generated in different ways. Copyrights usually arise automatically and do not need to go through any registration or review procedures; trademarks must be reviewed by specific national administrative agencies in accordance with the law and then awarded to legitimate applicants.

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