How to use a trademark applied for 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!

When you apply for a registered trademark in the name of an individual, it is already limited to the scope of the products of your individual business license, and when you register a company, it is equivalent to creating another person in law, and if you want to use your trademark, it must be licensed or transferred (which is stipulated by law). Of course, in reality, as long as you are willing to let the company use it, no one cares about it.

A registered trademark is required to be used on the goods you selected at the time of registration, of course, if you use it on other goods, as long as it does not infringe on the trademark rights of others, but the law does not protect the exclusive right to use the trademark on these goods.

Legal analysis: A trademark can be applied for in the name of an individual, but the following conditions need to be met: 1. When a self-employed person applies for a registered trademark, 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; 3. The scope of goods and services applied for shall be limited to the business scope approved by the applicant in the business license or relevant registration documents.

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

Article 4 Where 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. 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 5 Two or more natural persons, legal persons or other organizations 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.

Individuals can register trademarks! However, the following conditions must be met: 1. Individually-owned businesses may apply for trademark registration in the name of the applicant with the trade name registered in the Business License of Individually-owned Businesses, or in the name of the person in charge registered on the license.

When applying in the name of the person in charge, the ID card and business license of the person in charge should be submitted. 2. Rural contracted business households may apply for trademark registration in the name of the signatory of the contract, and the identity card of the signatory and the contract shall be submitted at the time of application. 3. Other natural persons who have been allowed to engage in business activities in accordance with the law may apply for trademark registration in the name of the business operator listed in the registration documents issued by the relevant administrative authority, and the application shall be submitted to the identity card of the business operator and the registration documents issued by the relevant administrative authority.

4. 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 him or her in the business license or relevant registration documents, or to the agricultural and sideline products that he or she operates independently.

[Legal basis].

Article 4 of the Trademark Law of the People's Republic of China provides that 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.

1. Can a trademark be applied for in the name of an individual?

1. Trademarks can be applied for in the name of individuals, but the following conditions need to be met:

1) When a self-employed person applies for a registered trademark, 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 ID card of the contractor and the contract;

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

2. Legal provisions: Article 4 of the Trademark Law of the People's Republic of China stipulates that 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. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.

The registered trademark right of the individual belongs to the individual, and the registered trademark right of the company belongs to the company.

2. What is the difference between an application for personal travel and an application in the name of a company?

1. Application in the name of an individual: The trademark registration application can be filed in the name of the applicant with the name registered in the Business License of Individual Industrial and Commercial Households, or the trademark registration application can be filed in the name of the person in charge of the registration on the license. Application in the name of the company:

The applicant must be the name of the business on the Business License and cannot be changed.

2. Application in the name of an individual: the use is relatively more autonomous, without considering the situation of other people or companies, and the applicant has the right to authorize, license, transfer and other rights for the trademark he applies for. Application in the name of the company:

The use of the trademark needs to be authorized by the company's signature. The trademark applied for in the name of the company does not belong to one of the owners, and is equivalent to the common property of the owner of the company.

3. Application in the name of an individual: In the publicity and promotion, there is no direct trademark applied for in the name of the company, and under normal circumstances, it is relatively easier for consumers to recognize the trademark brand relying on the company. Application in the name of the company:

Easy to brand. The trademark is directly linked to the company information, and there is no need to involve the intermediate relationship certificate, and when you query the enterprise information, there will be the intellectual property content under the name of the enterprise. Intellectual property can measure the strength of a company in some ways.

4. Application in the name of an individual: In the event of a trademark dispute or disputed case, it is relatively difficult to provide evidence, and the trademark applied for in the name of an individual is not easy to reflect the direct relationship between the use of the trademark in the later use, and it is not easy to retain the evidence of use. Application in the name of the company:

In the later stage, if you encounter trademark disputes, it is convenient to provide evidence, because all aspects of the enterprise will involve the use of trademarks in the process of operation, so that it is convenient for the enterprise to retain evidence and can intuitively deal with some trademark disputes and dispute cases.