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Is it necessary to register copyright after submitting a trademark? You will understand after reading it

After applying for Trademark Registering, many companies and individuals often encounter a question: The trademark has been submitted, is it necessary to spend another sum of money to register copyright? Is this unnecessary? Today we will come to clarify this issue.

提交商标后,还有必要做版权登记吗?看完你就懂了

Trademarks and copyrights do not protect the same thing

To answer this question, we must first understand what trademarks and copyrights protect respectively.

Trademarks protect the logos you use on goods or services, such as brand names, logos, packaging patterns, etc. Its scope of protection is limited to the type of goods or services you register.

Copyright (copyright) protects original works, such as art works, written works, photographic works, etc. Copyright is automatically generated from the date when the creation of the work is completed and can be protected without registration.

The core difference between the two is:Trademarks govern "exclusivity in commercial use", and copyright governs "no work may be copied, distributed or displayed without permission."

Why is copyright registration still recommended after trademark application?

1. Copyright can be protected "across categories"

Trademark protection is divided by category. If you register a trademark in Class 25 (clothing), and someone else registers the same or similar graphics in Class 30 (coffee, tea), it is in principle okay as long as it does not cause confusion.

But if you register the copyright of this graphic at the same time, the situation is different. Copyright protection is not divided into categories, and anyone who uses the work in any commercial field (including other trademark categories) without your permission may constitute infringement. This is equivalent to putting a "universal lock" on your brand graphics.

2. A "backup weapon" for dealing with trademark objections and invalidity declarations

When your trademark enters the announcement period and is objected to by others, or is applied for invalidation after registration, the copyright registration certificate can serve as preliminary evidence that you enjoy the prior rights to the work.

For example, if someone uses a graphic similar to your logo to register other types of trademarks, you can file an objection or an invalidation request with the Trademark Office based on the prior copyright. Without copyright registration, it will be much more difficult for you to claim that "this is my original creation" because you need to collect your own creative evidence, and the copyright registration certificate itself is an officially recognized certificate of ownership.

3. Solve the problem of proof of "copyright ownership"

Our country implements an automatic copyright acquisition system, but once a dispute arises, you need to prove when and by whom you created the work. Without registration, proof will be much more difficult-the original design drafts, creative records, publication records, etc. may all risk being tampered with or lost in time.

The copyright registration certificate clearly records information such as the name of the work, author, copyright owner, and creation completion time. It has high probative power in litigation and administrative procedures, and can help you save a lot of trouble of proving evidence.

4. Prevent others from registering your logo as other works

Some people may register your brand graphics as an appearance patent, apply for a domain name, or publish them directly as their own work. With copyright registration, you have a more powerful weapon to combat these behaviors, because copyright is a legal prior right.

Under what circumstances is copyright registration not necessary?

Not all trademarks require copyright registration. In the following cases, copyright registration has relatively limited significance:

Purely text trademarks and typefaces are in ordinary print: These trademarks lack sufficient originality to constitute art works protected by copyright law.

Simple geometric figures or common symbols: such as a circle or a check mark, are too original and have little significance for copyright registration.

You make it clear that you only need to use it within the registered category and don't worry about imitations from other categories.

Conclusion: For trademarks with design, it is strongly recommended to register copyright

If your trademark contains original graphics, artistic fonts, and unique combination designs, then doing a copyright registration at the same time or after submitting Trademark Registering is a very cost-effective "defensive investment."

It can bring dual trademark + copyright protection to your brand identity, effectively making up for the limitations of trademark protection in terms of category and region.

Summary in one sentence: Trademarks protect "who you are", copyright protects "your creativity". Only by combining the two can your brand identity be truly invincible.

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