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Identification of Prior Copyright in the Case of Trademark

Date:8/24/2015 02:25 PM
With the aggravation of the market competition, the phenomenon of the trademark preemptive registration in China become even more violent, and have a trend of diversified, complex, which not only infringes upon the legitimate interests of trademark owner, but also destroys the market order of fair competition. For preemptive registrations, we should not simply stay on condemning the preemptive registration person, but should actively seek theapproach, and use the relevant laws reasonable, so as to protect the legitimate rights of the real trademark owner. 
 
To fight against the trademark preemptive registrations in trademark oppositions and invalidation procedures, the most possibility is to cite the prior rights, such as copyright, name rights, patent design as well as trademark rights. In many cases, we found the copyrights were often cited against the trademark preemptive registrations in China. Please see the below three trademarks:
 
a. b.   c.        
 
The above three marks are simple, but each of them consists of the device elements. Therefore, such word marks may be put as the works which bears the originality to be protected as copyright by TRAB and the courts in China. According to the judgment and views of Chinese courts, the originality on the works in the Copyright Law of China is shown the personal selection and arrangements. So long as the personal imprint contained in the works is not too small, the works may be protected as per the Copyright Law. No high requirements for the originality of the works. 
            

 

The above three marks are simple, but each of them consists of the device elements. Therefore, such word marks may be put as the works which bears the originality to be protected as copyright by TRAB and the courts in China. According to the judgment and views of Chinese courts, the originality on the works in the Copyright Law of China is shown the personal selection and arrangements. So long as the personal imprint contained in the works is not too small, the works may be protected as per the Copyright Law. No high requirements for the originality of the works. 

            

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