What is the difference between an individual registered trademark and a company registered trademark

There is no difference between a personal trademark and a corporate trademark, whether it is an individual registration or a company registration, the value of the trademark and the degree of legal protection are the same. But there are other differences.

What is the difference between individual and company registration.

One: the stability is different

When the name or address of the company or the legal person of the company is changed, the trademark must also be changed accordingly; The individual's ID card is generally unchanged, and the trademark does not need to be changed, which is relatively stable.

Second, the ownership is different

The ownership of the trademark in the name of the company belongs to the company, and the legal person or shareholder of the enterprise does not enjoy the exclusive right to the registered trademark, and the company cancels the trademark and the trademark is invalid, and the trademark belongs to the company's property and needs to be liquidated; The trademark in the name of an individual is only owned by the individual, and the establishment or cancellation of the enterprise has no impact on the trademark.

Third, the information required to be provided is different

1. Registered trademark in the name of the company provides:

A copy of the license is stamped with the official seal;

Representation of the trademark. 2. Provision of registered trademarks in the name of individuals:

Signature of a copy of the self-employed license;

A copy and signature of the ID card of the individual (i.e. self-employed);

Representation of the trademark. Note: If you apply with a self-employed business, you do not need a personal ID card. In addition, foreign individuals from Hong Kong, Macao and Taiwan can use their passports to apply for trademarks directly.

Fourth, the ownership is different

1. The company shall decide the right to use the trademark registered in the name of the company;

2. The trademarks registered in the name of individuals are relatively concentrated, and individuals enjoy the exclusive right to use and control the trademark.

5. Trademark inheritance

A trademark registered in an individual's name can be inherited to his or her children after a certain number of years;

The trademark under the company's name must be transferred before the company wants to be cancelled before it can be inherited to other people or organizations.

The registration process is different

1. The trademark name that an individual or enterprise needs to apply for and the category that needs to be registered are given to the trademark owner, and the trademark pass rate is evaluated, and the direct application with a high pass rate is low, and the trademark is renamed and re-evaluated;

2. The copy of the copy of the business license of the enterprise shall be stamped with the official seal and submitted to the trademark owner in the form of a scanned copy, and the individual shall provide a scanned copy of the copy of the business license of the individual industrial and commercial household and a scanned copy of the personal ID card;

3. Sign the power of attorney for the trademark, with the official seal or signature;

4. Pay the trademark application fee to the first person;

5. The first person submits the trademark registration application;

6. The notice of acceptance of the trademark application can be obtained in about one month.

7. Enter the waiting time of about half a year, and if the trademark registration is passed in the first instance, it will enter the announcement. After the end of the 3-month publication period, the registration and publication will be issued, and then the trademark certificate will be issued. In the end, the right to use this trademark belongs to the individual or enterprise.

In fact, trademark registration is not complicated, you only need to give the relevant information and fees to the trademark ** agency, and the next work will be handed over to them to complete.

According to the "Precautions for Natural Persons Handling Trademark Registration Applications", if the legal representative or person in charge of a company or individual is the person, he or she can apply for a registered trademark as an individual.

There is no difference in terms of protection.

The difference between trademark application registration, company registration and individual registration: 1. The materials provided are not messy. The company provides a copy of the business license with the official seal, and the individual provides the front and back of the individual license + ID card, and you can take a photo or scan it.

2. Different ownership rights. After the company is registered, it belongs to the company's property, and does not belong to a certain ** or legal person, and the company must transfer the trademark when it is cancelled, otherwise the trademark cannot be transferred or renewed in the later stage; After the individual is registered, it belongs to the individual, that is, the applicant who provides the ID card, and the later trademark follows the ID card, and the cancellation of the license does not affect the trademark, and the later handling of other trademark matters only needs to provide the front and back of the ID card. Legal basis:

Article 3 of the Trademark Law of the People's Republic of China A trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in their commercial activities to indicate the user's membership in the organization. For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be regulated by the administrative department for industry and commerce. 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 that destroys the name of the Sail Yi trademark not for the purpose of use shall be rejected.

Article 22 The applicant for trademark registration shall fill in the category of goods and the name of the goods using the trademark in accordance with the commodity classification table of the regulations, 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 by means of data messages.

Article 23 Where a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the approved scope of use, a separate application for registration shall be filed. Article 24 If a registered trademark needs to change its logo, it shall apply for registration anew.

1) The ownership of the trademark registered in the name of the company belongs to the company, and the legal person or shareholder of the enterprise does not enjoy the exclusive right to the registered trademark, and after the company is cancelled, the trademark will be invalid, because the trademark belongs to the company's property and needs to be liquidated. 2. The trademark registered in the name of the individual is only owned by the individual, and the establishment or cancellation of the enterprise has no impact on the trademark. (2) 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 the 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. (3) Different ownership controls: 1. The company shall decide the use of the trademark in the name registration of the company.

2. The individual registration authority is relatively concentrated, because the individual enjoys the exclusive right to use the trademark. (4) The proof of trademark use is different: 1. The company's activities, products, and services are more filial piety, as long as one of them uses a trademark, it is a trademark use. 2. It is more difficult for individuals to prove that they have used trademarks.

5) Stability is different: 1. The trademark registered in the name of the company is unstable, and when the name or address of the company or the legal person of the company is changed, the trademark must also be changed accordingly. 2. The trademark registered in the name of the individual is relatively stable, and the personal Laliang ID card is generally unchanged, and the trademark does not need to be changed, which is relatively stable.

Legal basis: Article 28 of the Trademark Law of the People's Republic of China The Trademark Office shall complete the examination of the trademark applied for registration within nine months from the date of receipt of the application for trademark registration.

Many people will have a kind of entanglement when registering a trademark, whether to register with the name of an individual or a company, what is the difference between the two, which will be better, in fact, when applying for trademark registration, whether you are using what kind of identity relationship to register, the legal effect between the two is equal, there is no such as 369, high and low, etc., therefore, registered trademarks can be applied for in the name of companies or individuals.

When applying for a registered trademark, there are two main differences between an individual registered trademark and a company's registered trademark: the trademark registration materials submitted are different, and the individual registered trademark needs to provide a personal ID card and a personal business license; A registered trademark must hold a business license of the company. The scope of trademark registration is different, the scope of individual registered trademark should be consistent with the scope of individual business license, and the company's registered trademark is not limited by the scope of the business license, and there are 45 categories that can submit trademark registration applications, namely:

It is possible to carry out the registration of trademarks in all categories.

Among the successfully registered trademarks, the trademark registered in the name of the company has the following differences from the trademark registered in the name of the individual: the ownership of the registered trademark is different, and the registered trademark of the individual belongs to the individual as the name suggests, and the individual can decide the use of the trademark according to his own situation, authorization, etc. The ownership of the company's registered trademark belongs to the company and belongs to the company's intangible assets.

The legal person and shareholders of the company do not enjoy the exclusive right of the company's registered trademark and have no right to control the company's registered trademark alone. The stability of a registered trademark is different, an individual registered trademark is more stable than a company's registered trademark, although an application needs to be submitted at the time of self-employment license, but the address on the trademark registration certificate is the address on the personal ID card, and there is generally no change. Another stable aspect is that in the future, regardless of whether the self-operation exists or not, the exclusive right to use the trademark of the self-operation will not become invalid with the cancellation of the self-management.

The registered trademark of a company is different, when the name and address of the company are changed, the trademark should be applied to the Trademark Office for trademark change in time, and when the company is cancelled, the trademark will become invalid with the demise of the trademark subject. Therefore, when a company is deregistered or bankrupt, the trademark, which is an intangible asset, needs to be liquidated and assigned, assigned, or cancelled at the discretion of the company.

If the trademark you want to register is not the company, you don't need to bear all kinds of brand protection, and the intellectual property rights of Gugu Dog can be registered in the name of an individual at first, after all, the trademark will not change with the change of the enterprise, and if you have other needs in the future, it will be transferred to the company name again in the form of a trademark. In fact, after a successful trademark registration application, the use and management of the trademark are consistent and can be used within the scope of approved goods or services. Depending on our circumstances, we can decide to register a trademark in the name of an individual or a company.

(1) The materials provided when registering are different.

1. The name registration of the company needs to be provided.

A copy of the company's business license and stamped with the company's official seal.

2. Registration in the name of the individual questioner needs to be provided.

A copy of the personal ID card and a copy of the business license of the individual industrial and commercial household.

2) The ownership of trademarks is different.

1. The business bid in the name of the company.

The ownership belongs to the company, and the legal person or shareholder of the enterprise does not have the exclusive right to the registered trademark, and the company is cancelled, and the trademark is invalid.

2. Trademarks in the name of individuals.

The trademark registered by an individual is only owned by the individual, and the establishment or cancellation of the right enterprise has no impact on the trademark.

Trademark Law of the People's Republic of China

Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.

The main differences between individual registered trademarks and company registered trademarks are as follows: 1. The information provided is different. 1. Registration in the name of an individual

A copy of the business license, a copy of the ID card, and a clear trademark logo. 2. Registration in the name of the company: a copy of the company's business license and a clear trademark logo.

2. Whether the business scope is affected by the business license1. If it is registered in the name of the public number judgment company, the scope of the registered trademark is not limited by the scope of the business license. 2. Registered in the name of an individual, the registered trademark must be consistent with the business scope of the business license of the individual industrial and commercial household. Third, the ownership of the trademark is different, the company goes bankrupt, the trademark is invalid, and there is no such problem in the name of the individual.

Therefore, you can make a decision based on the above differences.