I assume we don’t have to emphasize how important it is to register and protect your trademark. Although we recommend our client to register their trademark as extensively as possible but not all companies would choose to register it in all categories, considering the high cost associated with register and maintain the trademark. Otherwise, the trademark could be applied for “Non-use cancellation” if it’s not been maintained properly.
Fortunately, we have another option. We can apply for registration for copyright of graphic trademark (logo).
And yes, you are right. Graphic trademark is also an artistic work, which is covered by the copyright law. And registration for copyright also constitutes protection for trademark, of course, in a different way.
The main difference is as follow:
1. Differences in timeframe and procedure:
Registration of trademark takes at least one and half year. However, if there is any objection or rejection involved, it may take 2 or 3 years to finally get it.
However, registration of copyright is simpler and the success rate is pretty high，it could be finished in 1-2 months. It helps to protect your logo while you are waiting for certificate of trademark being granted.
2. Extent and scope of Trademark protection:
Under the trademark law, every trademark should be registered under certain category. However, this protection is only limited to the very registered category. Furthermore, the use of any similar mark under this specific category or any mark that leads to confusion about the provider of goods or services is also forbidden.
However, the scope of copyright protection is more extensive, it covers all goods and services without any limitation. Once registration is completed, the graphic cannot be used in any commercial occasion without authorization and are not restricted by the specific categories of trademark. In another word, the protection of trademark is more powerful but limited, while copyright is more extensive but “superficial”.
3. Prior right to Trademark
Trademark Law of PRC dictates, trademarks that conflict with the prior rights (including copyrights) of others can be revoked and deemed invalid. It means if you own the copyright of certain logo, you can use this provision to object and to ask for revocation of anyone else’s application if he registered this logo before you did or tried to register your graphic trademark under other category that you didn’t register previously.
4. Term and cost of Trademark registration
The term for registered trademark is ten years and you should pay to renew it within 6 months before it expire. On the other hand, the term of a copyright is at least 50years without any requirement for renewing. Hence, the cost is comparatively low.
In one word, registration of copyright is fast, cheap and the protection is more extensive and longer. Register copyright of your graphic trademark is a cost-effective way to better protect your trademark.
You are welcome to contact us here for further details on protecting your trademarks in China.
