Do you know the necessity of copyright registration in trademark registration- Trademark of snakehead fish
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Do you know the necessity of copyright registration in trademark registration?

Publishing website: Issued on: January 10, 2023 16:10:23

What is the significance of trademark registration and copyright registration

The necessity of copyright registration in trademark registration is mainly summarized as follows:

1. Unless there is other evidence to the contrary sufficient to overturn the content of the copyright registration certificate, the party holding the registration certificate will be recognized by the judicial or administrative organ as the copyright owner of the work;

2. The copyright registration certificate, as the proof of rights, is the prerequisite for the copyright owner to launch the anti piracy action;

3. The registration of copyright is a necessary procedure for China's Guarantee Law to provide pledge guarantee for debts by using copyright of works;

4. The copyright registration certificate is the necessary certification document that the obligee should submit to the evaluation agency when applying for the evaluation of the copyright value of the work;

5. The copyright registration certificate is a sign of the obligee's competitiveness.

What is the conflict between the two?

The process of designing trademarks is also a process of creative intellectual labor. When the creation reaches a certain height, trademarks can become works in the sense of the Copyright Law.

Why do trademark rights conflict with copyright? When the applicant applied for this work as a trademark, the copyright owner claimed that the trademark copyright belonged to him, but the trademark applicant was not authorized or could provide proof of rights that the trademark copyright belonged to him, thus resulting in a copyright dispute based on the trademark work.

Therefore, when someone applies for a trademark that infringes his or her own copyright, the applicant needs to provide proof materials of the trademark's copyright. If the applicant cannot provide but the claimant can provide effective proof materials, the trademark application will cause trouble; So far, the most effective and convenient way is the copyright registration certificate, so the significance of copyright registration while applying for trademark lies in this.

That is to ensure that the copyright based on the trademark belongs to itself, and the trademark application will not have the issue of copyright ownership. Therefore, in order to avoid the ambiguity of copyright, it is the best way to ensure that the trademark right does not have problems to register the copyright while registering the trademark.

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