Can I submit a business license to register a trademark in the name of an individual?

Individuals can apply for trademark registration. According to the Trademark Law of the People's Republic of China, if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or distributed, it shall apply to the Trademark Office for trademark registration; If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it shall apply to the Trademark Office for registration of a service mark.

Therefore, individuals can apply for trademark registration.

1. The conditions that need to be met by an individual as a trademark applicant.

1. If a natural person needs to obtain the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or distributed or the services provided thereto, it shall apply to the Trademark Office for trademark registration.

2. Two or more natural persons may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.

2. The conditions that need to be met for the registered trademark.

1. The trademark shall have statutory constituent elements.

Any visible sign that distinguishes the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs and color combinations, as well as combinations of the above elements, can be registered as a trademark. Trademarks such as sound and smell that cannot be perceived visually cannot be registered in China.

2. The trademark shall have distinctive features.

The distinctive features inherent in the sign itself, such as a trademark with novel ideas and unique design, can be registered as a "second meaning" trademark if it obtains distinctive features through use, such as a narrative sign that directly describes the quality of the goods, and is easy to identify.

3. Materials to be submitted for individual trademark registration.

1. A copy of the applicant's ID card and the registration documents issued by the relevant administrative authorities. If you have a passport, a copy of your passport is required.

2. Fill in the trademark registration application form (with fixed book form) and sign it in the designated position.

3. 6 black and white patterns of trademarks, which require clear drawings and specifications between 5x5 cm and 10x10 cm. If the color is specified, submit 6 colored patterns and 1 black and white pattern.

4. Individually-owned businesses can apply for registered trademarks in the name of "Individually-owned Business License".

5. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the scope of business approved by the natural person in the business license or relevant registration documents, or to the agricultural and sideline products that he or she operates.

If you meet the above conditions and have the required materials ready, you can start the trademark registration!

As we all know, trademark registration can be applied for in the name of a company or in the name of an individual (not a natural person, who must have an individual license), and the two have the same role in the legal sense. But many people have questions about what is the difference between individual name registration and company name registration, and which is better? Today we will take a look at the difference between the two?

The materials provided at the time of registration are different, the company provides the business license and the corresponding official seal, and the individual provides the individual license and legal person ID card. 1. For the registration of the company's name, a copy of the company's business license and the company's official seal must be provided. 2. To register in the name of an individual, a copy of the personal ID card and a copy of the business license of the individual industrial and commercial household shall be provided.

1. The ownership of the trademark in the name of the company belongs to the company, and the legal person or the shareholder of the enterprise does not enjoy the exclusive right to the registered trademark, and the company cancels it, and the trademark is invalid, and the trademark belongs to the company's property and needs to be liquidated. 2. Trademarks in the name of individualsThe registered trademark of the individual is only owned by the individual, although a copy of the copy of the self-employed license is provided when applying, but after the successful registration, the trademark belongs to the individual, and belongs to the individual for personal use and disposal. 1. The company's name trademark is unstable, and the company's trademark applicant is a company, and the address is the address on the business license, and the registered trademark must be consistent with the business license.

2. The personal trademark is more stable, and the individual trademark applicant is the personal name, and the address is the address on the ID card (it can also be a mailing address). The individual's ID card is generally unchanged, and the trademark does not need to be changed, which is relatively stable. 1. The company registration should be determined by the company to determine the use of the trademark.

2. The registration authority of individuals is relatively concentrated, and individuals enjoy the exclusive right to use trademarks. The name requirements of the trademark registration applicant are different: 1. The applicant for the registered trademark of the enterprise must be the enterprise name on the "Business License", and cannot change the others. 2. The application for individual registered trademark can be filed in the name of the applicant with the name of the business license registered in the "Business License of Individual Industrial and Commercial Households", or the application for trademark registration can be filed in the name of the person in charge of the license.

In conclusion, whether to apply for a trademark in the name of a company or an individual depends entirely on the trademark applicant, and the most important thing is to meet their own development needs and weigh the trademark registration model from a long-term perspective.

Legal analysis: An individual's registered trademark can be used by the company registered by the individual. Here's how:

The trademark registrant licenses the company to use the registered trademark by signing a trademark license contract; The trademark license contract shall be filed with the Trademark Office. The documents required for trademark license are as follows: power of attorney, application, copy of the trademark licensee's business license (legal person) or ID card (natural person), copy of the trademark licensee's business license (legal person) or ID card (natural person) after annual inspection, and the original trademark license contract signed between the trademark licensor and the trademark licensee.

Legal basis: Article 42 of the Trademark Law of the People's Republic of China Where a registered trademark is transferred, the transferor and the transferee shall sign an assignment agreement and jointly apply to the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark.

If a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same goods, or the same or similar trademark registered on similar goods. The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons. After the transfer of the registered trademark is approved, it shall be announced.

The assignee shall have the exclusive right to use the trademark from the date of publication.

No, the company's business license, the applicant can only be a company; Only self-employed business licenses are acceptable.

A trademark can be applied for in the name of an individual in accordance with the law, but the following conditions must be met:

1. When a self-employed person applies for a registered trademark in accordance with the law, the party concerned shall submit the individual's ID card and business license;

2. When a rural contractor applies for a registered trademark, the parties concerned shall submit the identity card of the contractor and the contract of undertaking the contract;

3. The scope of goods and services applied for by Xinzhen shall be limited to the scope of business approved by the business license or relevant registration documents.

Personal trademarks are registered trademarks. Specifically, if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. Therefore, personal trademarks are also registered trademarks.

Article 22 of the Trademark Law stipulates that a person applying for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration. An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application. The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

According to Article 7 of the Trademark Law, the application for registration and use of a trademark shall follow the principle of good faith. The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark management, stop acts that deceive consumers.