-
Legal analysis: A business license is required for a registered trademark, not necessarily a company. You can go to the local industrial and commercial department to obtain a business license for an individual or sole proprietorship or ****, and then apply for trademark registration.
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 intended for use shall be rejected.
The provisions of this Law on commodity trademarks shall apply to the service provider Luna, which is a trademark.
-
Trademarks are self-registered, and trademarks refer to a kind of visual signs composed of words, graphics, letters, numbers, three-dimensional signs, colors, etc., as well as the combination of the above elements, and are signs used by producers and operators to distinguish their own goods or services from the goods or services of others on the goods and their packaging or service marks.
It has been said that trademarks are the best salesmen who can't speak. One sentence sums up the maximum use of trademarks.
Any trademark represents the intrinsic quality and standards of the specific product to which it is attached, and to some extent indicates the quality responsibility of the producer or operator for that product, so as to ensure that consumers select and identify the product among competing similar products with a trademark.
Therefore, a trademark is an information resource with a value-creating function. Through the extensive publicity of the trademark, it is well known to consumers, opens up the market, and brings benefits to the enterprise.
Not registering a trademark will not only damage the economic reputation of one's own enterprise, but also may infringe on the exclusive rights of others' trademarks, thereby affecting the normal production and operation of the enterprise and causing unnecessary losses.
Article 3 of the Trademark Law of the People's Republic of China is a registered trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; 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, and 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. Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, Tulashan shapes, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements, may be applied for registration as a trademark. Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the prior legal rights of others.
The trademark registrant has the right to mark the "registered trademark" or the registered mark.
-
Registering a trademark is a common situation, but many people don't know whether they need a company when registering a trademark. Then this requires everyone to understand the relevant content to figure out this problem. Below, I have compiled the following answers for you, I hope it will be helpful to you.
Is there a company to register a trademark?
A business license is required for a registered trademark, not necessarily a company. You can go to the local industrial and commercial department to get a business license for an individual or sole proprietorship or ****, and then apply for trademark registration.
If you are applying for trademark registration as a natural person, you should submit the following application documents:
1. Application for trademark registration signed by the applicant.
2. 6 trademark drawings (1 on the back of the application and 5 for submission), the drawings are required to be clear, and the specifications are not less than 5 cm and not more than 10 cm in length and width. If the color is specified, paste a coloring pattern, submit 5 coloring patterns, and attach 1 black and white pattern.
3. If you go directly to the trademark registration hall, submit a copy of the applicant's ID card, and the person in charge shall present the original ID card and submit a copy; If the trademark ** agency is entrusted, the power of attorney of the trademark ** and a copy of the applicant's ID card shall be submitted.
4. When a natural person applies for trademark registration, he or she shall pay attention to the following matters:
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, copies of the following materials should be submitted:
1. ID card of the person in charge;
2. Business license.
2) 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.
After reading this article, it is clear to everyone that a registered trademark does not need to have a company, and individuals can also register trademarks. As long as the conditions are met and the prescribed process is followed, then the trademark registration can be legally handled, and everyone knows it.
-
According to Mande Enterprise Service, trademarks and enterprise names are commercial signs, the former is used to distinguish different goods or services, and the latter is used to distinguish different market entities. Since there is no joint search with the trademark at the time of registration of the enterprise name, and there is no publicity and opposition procedure in the process of confirming the right, there are a large number of cases where the enterprise name is identical or similar to the prior registered trademark. For such conflicts of rights, the principle of dealing with such conflicts is to protect the rights of the prior registered trademark.
Figuratively speaking, an enterprise name is a string of characters rich in "connotation" composed of words, while a trademark is a "rich" picture composed of graphics, words or words and graphics. Names are used to identify and identify, while trademarks are more used to identify and distinguish goods or services.
Moreover, the enterprise name must be registered in the place where the enterprise is located, and it is illegal to use the enterprise name without registration, which is one of the conditions that the law must meet for enterprises. A trademark is a symbol artificially attached to goods or services, and registration is also voluntary. Moreover, from a legal point of view, there is no requirement that a trademark be used for goods or services.
Secondly, a company is only allowed to use one name, but a company can register multiple trademarks. The name of the enterprise can be changed, but once the trademark is registered, it cannot be changed. The term "change of registered trademark" in the Detailed Rules for the Implementation of the Trademark Law refers to the change of registered matters, not the change of trademark graphics.
After the enterprise name is registered, it is valid for life as long as the enterprise does not propose a change. The trademark is valid for only ten years after registration, and if it is necessary to continue to use it after the expiration of the validity period, it should be renewed for registration, otherwise it will be cancelled.
Finally, the enterprise name is listed as a moral right by the General Principles of the Civil Law of the People's Republic of China, and is listed as an industrial property and intellectual property by the World Intellectual Property Organization. Therefore, there is a duality in the right attribute of the enterprise name. The first thing is the attribute of personal rights, which are lifelong and naturally obtained from the date of establishment of the enterprise and extinguished when the enterprise is terminated.
Trademarks are listed as intellectual property rights in the General Principles of the Civil Law of the People's Republic of China, and are also listed as industrial property rights and intellectual property rights by the World Intellectual Property Organization. There is only one right attribute of a trademark, that is, "property rights". Property rights are not always with life, nor are they acquired naturally.
A trademark owner can give permission to others to use his or her registered trademark. The name of the enterprise may not be leased or lent.
These relevant regulations reflect the difference between a business name and a trademark. The materials and cycles required for company registration and trademark registration are not quite the same, and it is an exaggeration to say that the information is even so complicated that some entrepreneurs directly give up starting a business, and may not be able to complete it after investing a lot of energy. Many entrepreneurs will hand over these contents to ** companies, and choose to devote more energy to operation.
The name of the industrial and commercial verification is looking for Mande Enterprise Service, a one-stop enterprise service platform.
Hundreds of millions of cloud data support, company registration and name search on Mande enterprise service.
After registration, the trademark is protected by law, and if it is used or counterfeited by others, you can request to stop the infringement and compensate for the damages according to the law.
Two or more trademarks can be registered for the same product. There is no country limit on the number of trademarks that can be registered on the same goods. >>>More
A trademark can be registered in several classes, China adopts the Nice Commodity Classification, and there are 45 types of trademarks, pointing to specific products and services. The type of trademark is a basic unit for a trademark. So, how should the number of classes and specific classes be selected when registering a trademark? >>>More
The trademark has a 10-year validity period of the trademark, and the renewal of the trademark after the validity period is actually an extension of the protection of the trademark. As far as the current trademark renewal fee is concerned, basically each renewal registration application needs to pay a fee of 2,000 yuan, if the renewal registration application is submitted within the grace period, a delay fee of 500 yuan is also required, according to the relevant regulations, the trademark validity period is 10 years, and the trademark can be renewed 12 months before the expiration of the validity period, and the official fee for renewal is 2,000 yuan for one standard. If no renewal application is filed during the renewal period, the Trademark Law also stipulates that the trademark shall be extended for a grace period of 6 months after the expiration of the validity period, and if the grace period is submitted, the Trademark Office shall charge an additional 500 yuan, and if the entrusted institution is a ** institution, some additional corresponding fees shall be paid. >>>More
Two or more trademarks can be registered.
Application channel: You can go to the registration hall of the Trademark Office in person; It can also be entrusted to ** institutions. >>>More