Legal Protection of Trademarks and Copyright: Problems of Delimitation

Abstract

As a rule registered trademarks are not copyright. But in some cases they are — if trademarks are original. In these cases the problem of delimitation arises. To avoid the troubles, the trademark applicants, as recommended, obtain a written consent from copyright owner concerning the use of his or her copyrighted work as a trade mark. This document must also provide waving moral rights concerning copyrighted work. Article 1483 (point 9) of the Civil Code of the Russian Federation provides that the trade mark, which includes copyrighted works, widely known in the Russian Federation, can be used with the consent of copyright owner only.