How to deal with competition between trademark rights and copyrights

First, check whether there is any similarity between the applicant and the trademark registrant, the trademark and the work, that is, the phenomenon of counterfeit use. Secondly, check the author’s writing time and the trademark registrant’s registration time. Regarding the issue of how to deal with competition between trademark rights and copyrights, 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.

How to deal with competition between trademark rights and copyrights?

Trademark rights and copyrights Determination of conflict

First of all, check whether the applicant and the trademark registrant, the trademark and the work are similar, that is, there is a phenomenon of counterfeit use.

Secondly, check the creation time of the author and the registration time of the trademark registrant.

Specifically, there are three situations:

The time when the prior right holder obtained the copyright Earlier than the trademark application date, generally the prior right holder can prevent the trademark from being registered.

When the copyright owner cannot provide evidence to prove that the completion time of his work is earlier than the trademark registration application date, he will not be able to prevent the registration of the trademark.

If the copyright of the prior right holder was obtained earlier than the trademark application date, but the trademark applicant can provide evidence to prove that his trademark was independently created, then The trademark will be approved for registration, which means each will have corresponding rights.

The "Trademark Law" expressly stipulates 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 it. This is a registered trademark, but there is no corresponding provision in the Copyright Law. It is very necessary to properly resolve the conflict between the two in legislation and practice. Currently, there are many examples of conflicts between copyright and trademark rights. Generally speaking, while protecting prior copyrights, attention should be paid to protecting the legitimate rights of trademark registrants. Specific handling methods can be gradually explored in practice and standardized in legislation.

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