Can copyright be used as a trademark
Copyright is also called copyright, copyright Both trademark rights and trademark rights belong to the scope of intellectual property rights, but there are many differences between them, so they cannot be used interchangeably.
Copyright and trademark rights have the following differences:
1. In terms of the subject of the right, copyright The subject of the work can be an individual citizen, a legal person or an unincorporated unit; it can be the author himself, his heirs or the inheritors of his rights and obligations, and sometimes it can also be the state. The main subjects of trademark rights are legal persons. If an individual citizen applies to register a trademark in my country, he or she must be an individual business owner. The state cannot be the subject of trademark rights.
2. In terms of the acquisition of rights, the acquisition of copyright is generally generated automatically, while the generation of trademark rights requires confirmation by the state administrative agency.
3. In terms of the subject matter of rights, the subject matter of copyright is literary, artistic and scientific works, and the subject matter of trademark right is the use of goods or services. 's trademark.
4. In terms of exclusivity of rights, two people can obtain the copyright if they independently complete the same work, while trademark rights are quite exclusivity. Not only the same trademark with the same protection scope cannot appear, but also similar trademarks with the same protection scope cannot appear. For well-known trademarks, the exclusivity of rights is even more obvious.
"Trademark Law of the People's Republic of China"
Article 3. Registration approved by the Trademark Office Trademarks are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification marks; trademark registrants enjoy the exclusive right to use the trademark and are protected by law.
Collective trademarks as used in this Law refer to registration in the name of a group, association or other organization for use by members of the organization in commercial activities to expressA sign indicating the user's membership in the organization.
Marks used on goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
"Copyright Law of the People's Republic of China"
Article 3 Works referred to in this law , including works of literature, art, natural science, social science, engineering technology, etc. created in the following forms:
(1) Written works;
(2) Oral works;(3) Music, drama, folk art, dance, and acrobatic art works;
(4) Art and architectural works;
(5) Photographic works;
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(6) Film works and works created using methods similar to filmmaking;
(7 ) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other works stipulated in laws and administrative regulations.
The above knowledge is the editor's answer to the question "Can copyright be used as a trademark?" Copyright is also called copyright. Copyright and trademark rights both belong to knowledge. The scope of property rights, but there are many differences between the two, so the two cannot be used interchangeably. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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