How to apply for a trademark? Can a company s business license apply for a personal trademark?

The application for trademark registration can be handled by oneself or by entrusting a ** agency, and the company's business license cannot be applied for registration in the name of an individual, and the application in the name of an individual must have a business license for individual industrial and commercial households.

The trademark application is first determined by the inquiry, and then the trademark ** agency is found to fill in the form and submit it to the State Trademark Office for review. Companies can apply for trademarks, individuals can also apply for trademarks, and cannot apply for personal trademarks with the company's business license.

Steps for trademark application: 1. Check the trademark first, if there is no same or similar before, you can make the application documents and submit the application;

2. About 1 month after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application (this period is called the formal examination stage), and we can get the acceptance notice within 10 working days.

3. After the formal examination is completed, it will enter the substantive examination stage, which takes about 6 months to 1 year;

4. If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period).

There are two situations of trademark application, one is to apply in the name of an individual, the other is to apply in the name of a company, the application in the name of an individual needs to have a self-employed business license, the application in the name of a company requires a company license, and the company's business license cannot be applied for an individual.

The trademark applied for by the company license can only belong to the company.

If a domestic natural person wants to apply for a trademark under his or her own name, he or she needs to apply in the name of his or her ID card and his or her individual license.

1. Trademark inquiry, before filing an application for registration, the trademark registration applicant or its ** person shall inquire whether the trademark applied for is identical or similar to the prior right trademark.

2. Trademark Formal Examination.

3. Substantive examination of trademarks.

4. If no one raises an objection within three months of the preliminary examination announcement or the objection is ruled not to be established, the trademark shall be registered and the registration certificate shall be issued.

Legal Analysis: Yes. The economy is developing, the society is progressing, and today's commercial products are dazzling, and the trademark is the strongest embodiment of the competitiveness of commercial products.

Therefore, more and more enterprises and individuals have begun to make registered trademarks. The registered trademark of a filial piety person must also have a business license for individual industrial and commercial households, and without a business license, you cannot apply for a registered trademark. When an enterprise legal person registers a trademark, it must provide the subject qualification certificate, which is the business license for the enterprise, so if the company does not have a business license, it cannot register the trademark.

Not only that, even if the application is made in the name of a natural person, a copy of the business license of the individual industrial and commercial household is also required. The Trademark Office requires the applicant to have actual production and operation before it is considered that the applicant has the qualifications to apply for a trademark.

Legal basis: Trademark Law of the People's Republic of China

Article 4 Where a natural person, a former 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. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected. The provisions of this Law relating to commodity trademarks shall apply to service trademarks.

Article 14 A well-known trademark shall, at the request of the parties, be recognized as a fact that needs to be determined in handling a trademark case. The following factors shall be considered in determining a well-known trademark: (1) the degree of awareness of the trademark by the relevant public; (2) the duration of use of the trademark; (3) the duration, extent and geographical scope of any publicity work for the trademark; (4) a record of the trademark being protected as a well-known trademark; (5) Other factors that make the trademark well-known.

In the course of trademark registration examination and investigation and handling of trademark infringement cases by the administrative department for industry and commerce, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, make a determination of the well-known status of the trademark. In the course of handling trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling the case, make a determination of the well-known nature of the trademark. In the course of adjudicating a civil or administrative trademark case, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of the case, make a determination of the well-known nature of the trademark.

Producers and operators shall not use the words "well-known trademark" on goods, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

How to apply for a trademark? Can a company's business license apply for a personal trademark? How to apply for a trademark?

Can a company's business license apply for a personal trademark? First, there are only two ways to apply for a trademark in our country. 1.

The declaration is made through the window of the trademark registration hall of the State Trademark Office. 2.The declaration shall be made through the trademark ** agency filed with the State Trademark Office.

The company needs to provide a copy of the company's business license and the official seal on the application materials. The inquiry of the declared trademark can be made by yourself to the State Trademark Office**. 2. The name on the business license must prevail when applying for a trademark, so the company's business license cannot of course apply for a personal trademark.

For trademark applications, you will need to prepare the following documents. 1. If you apply for registration in the name of the enterprise, you need to provide a copy of the business license, and you need to affix the official seal on the copy of the business license. 2. If you apply for registration in your personal name, you need to provide 1 copy of your personal ID card and a copy of your business license for individual industrial and commercial households, and the copy of your business license must be stamped with an official seal.

3. Provide trademark text or drawings, and if you need to protect the color, you also need to provide color drawings. 4. The goods and services to be registered can be filled in according to the goods or services provided by the applicant with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the Classification Table of Goods and Services of Similar Families modified by the Trademark Office according to the above-mentioned international classification table. 5. Provide the "Trademark ** Power of Attorney" stamped or signed, which can be from this **; In particular, the address on the "Power of Attorney for Trademark**" should be exactly the same as the registered address on the business license.

Do you understand this explanation?

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, he or she 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 application form for trademark registration (with fixed book type) 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 spring hail. 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!

Hello, yes, you need a business license for individual businesses.

The key to trademark application is a comprehensive search and professional risk assessment. Trademark search is also available on our official website, so you can search for it yourself.