How to resolve the conflict between copyright and trademark rights of artistic works

We all know that for any product in our country, a well-known trademark is extremely important and can even affect the value of the product to a great extent. At the same time, many trademarks themselves are patterns and can even be classified as works of art. So art How to resolve the conflict between Copyright and trademark rights of works? The editor of Legal Savior Network has compiled relevant content, I hope it will be helpful to you.

How to resolve the conflict between copyright and trademark rights of artistic works

1. If the trademark In the event of a copyright dispute based on a trademarked work, if the copyright owner has objections to the registered trademark, he or she may apply to the Trademark Review and Adjudication Board to cancel the registered trademark, or request the court to order the trademark owner to stop using its registered trademark.

Due to relatively limited trademark resources, lack of awareness of independent innovation, lack of economic benefits, and legislative omissions, conflicts between trademark rights and copyrights occur frequently. Therefore, when there is a conflict between copyright and trademark rights or other rights, it is particularly important to confirm the copyright; although copyright is subject to automatic protection, this automatic protection cannot effectively prove the copyright when confirming the right. , that is, automatic copyright protection has the disadvantage of confirming rights. Therefore, in order to avoid unclear copyright rights, registering the copyright first while registering the trademark is the best way to ensure that there will be no problems with trademark rights.

2. The conflict between trademark right and copyright usually occurs when the copyright ownership of the applied trademark is unclear. There are two different applicants, one party applies for the trademark and the other party applies for the copyright. , and the trademark applicant cannot prove that the copyright of the trademark belongs to him, resulting in a copyright dispute based on the trademarked work. So far, the most effective and convenient way is the copyright registration certificate. Therefore, the significance of registering the copyright at the same time as the trademark application is to ensure that the trademark belongs to you, and also ensure that the trademark copyright belongs to you, so there will be no copyright ownership. issue of dispute.

3. When applying for copyright for graphic marks, you can use black and white or Color, but generally the color design of the work also reflects some of the originality of the work. If combined with color application, the effect will be better. If you only submit black and white, it will only protect the structure of the pattern. You can also apply for a series of works to protect both color and black and white.

In fact, fromFrom the above analysis, we can see that in our country, when the copyright of an artistic work conflicts with the trademark right, the owner of the copyright can request to revoke the trademark. Of course, it is not certain whether the trademark can be revoked. It is often decided based on the specific circumstances of the case. It is recommended that the parties involved You can contact a lawyer for help. Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.