What should I do if I don t have a business license for a registered trademark

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!

1. Selection of registration method:

One is to go to the State Trademark Administration (with offices in Beijing) to handle trademark registration matters (China's Trademark Law allows citizens to apply for trademark registration directly with the Trademark Office of the State Administration for Industry and Commerce).

Another option is to engage an experienced trademark organization to provide you with trademark services. In this way, it will save you a lot of time and energy, and of course, the other party will charge the corresponding service fee.

In addition, the business conditions that the trademark ** organization should have: be able to provide accurate legal opinions and effective legal services for the client, be very familiar with the trademark registration application, use renewal, transfer license, opposition, case analysis, review and defense in the application process and other legal provisions and work circulation procedures, be familiar with the international classification of trademarks and services, accurately use the 45 classifications of goods and 8 classes of services, and understand the content of 485 similar groups, Grasp the development trend of more than 1 million registered trademarks in China.

Don't just look at the ** factor).

Although trademark search is not a mandatory procedure for registered trademarks (following the principle of voluntary search), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the search process, due to data processing and the examination period of the trademark application, etc., some of the trademarks of the earlier application cannot be entered into the database, so it is impossible to query and retrieve the information of this part. In addition, the trademark search and examination work is undertaken by different personnel, and the examination opinions of the inquirer and different examiners may be different, so the results of the trademark search cannot be regarded as a legal basis and have no legal effect.

Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark organization with perfect trademark search conditions.

3. Preparation of trademark application materials:

1) If you are applying in the name of an individual, you need to present a copy of your ID card and business license. If you are applying for registration with an enterprise as the applicant, you need to present a copy of the business license of the enterprise and a copy of the business license signed and sealed by the issuing authority. A completed application form for trademark registration stamped with the official seal of the unit and the signature of the individual.

2) 10 trademark drawings (10 colored drawings and 1 black and white ink manuscript should be submitted for color trademarks of specified colors). The logo design provided must be clear, easy to paste, with smooth and durable paper or replaced with **, the length and width are not more than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, the arrow should be used to indicate the upper and lower levels.

To apply for a trademark for cigarettes and cigars, the design can be as large as the actual use.

3) Prepare the corresponding registration fee: registered trademark fee: 600 yuan per piece from October 15, 2015, if you are entrusted with the trademark ** organization, you need to pay the trademark ** fee of different amounts, the market price is between 100 and 2000 yuan.

A business license is a prerequisite for applying for a trademark, and you cannot apply for a trademark without a business license. This is a new policy formulated by the state since 07 in order to restrict individual speculation. If you register a trademark, you can first register the business license of an individual industrial and commercial household, which is simple and costly.

No, in order to maintain legitimate intellectual property rights, it is now necessary to register as an economic entity, including: legal persons, social organizations, individual industrial and commercial households and other organizations. Since you want to produce products, you must go to the relevant licensing authorities to apply for a production license and the industrial and commercial department to register the industrial and commercial business license, which is legal!

Only then can the trademark be registered.

Hello friends, whether it is registered in the name of a company or a registered trademark in the name of an individual, it must have an industrial and commercial business license, and it cannot be registered if it is not.

Find a company with a business license to register a trademark, authorize you to use, sign a contract between the two parties, and then you have your own company, and then transfer back the cost of multiple transfers, the transfer is about 1500.

No, the most important information for a registered trademark is the business license, how can you apply for registration without a business license?

My own experience: I wanted to register a trademark through (Boqin Intellectual Property ****) in February 2019 and paid 1,380 yuan to the company. Now in December, the Trademark Office rejected the application.

The money cannot be refunded, and the acceptance fee will be 1380Trademark application of more than 300 yuan is enough can also be accepted, trademark acceptance and trademark registration success is not the same, this company charged me so much money, so everyone must pay attention to this problem when applying for trademarks. Beware of being deceived.

Yes, I have handled it in Boqin Co., Ltd. before, and I didn't use the business license, and now the acceptance notice has been issued, and the basic information can also be checked, so you can consult by yourself.

No, whether you are an individual or a company, you must have a license to apply for a trademark, and you can handle services such as licenses and trademarks.

Yes, natural persons can also apply for a registered trademark.

But if you want to be in the name of a company, you need a business license.

Are you planning to register a trademark?

If you don't have a business license, you can't register a trademark.

Both individuals and companies can apply for a registered trademark, but a business license is required to apply for a registered trademark.

Legal analysis: You can't register a trademark without a business license. A natural person engaged in the production, manufacturing, processing, picking, distribution of goods or provision of services who needs to obtain the exclusive right to use a trademark shall apply to the Trademark Office for trademark registration.

Handle trademark registration, transfer and other applications in the name of natural persons.

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 9 The trademark applied for registration shall have distinctive features that are 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.

Article 15 Without authorization, the person or representative registers the trademark of the person or the representative in his own name, and if the person or the representative raises an objection, it shall not be registered and the use shall be prohibited. Where a trademark for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with such person other than that provided for in the preceding paragraph, and clearly knows that the trademark of the other person exists, and the other party raises an objection, the registration shall not be granted.

Before entering the consumer market, enterprises will apply for registration with the State Trademark Office, because in a sense, trademarks are not only the bargaining chips and support of enterprises in the economic market, but also the help and promotion of entering the international marketing market. So, what should I do if I don't have a business license for a registered trademark?

The business license is a kind of business qualification approved by the industrial and commercial department for enterprise production, which has many advantages of unified review, identity certificate and national application. Trademarks are the methods and means by which enterprises can avoid risks in market competition. If an enterprise wants to enter the consumer market and make creative gains and expansion, it must submit the copies and information on the relevant business license before submitting the trademark registration application, because it is both a condition and a kind of recognition.

What should I do if I don't have a business license for a registered trademarkHow many trademarks can be registered in one business license? According to the provisions of the Trademark Law:

When registering a trademark, an enterprise legal person must provide a certificate of subject qualification, which is a business license for the enterprise, so if the company does not have a business license, there is no way to register a trademark.

Not only that, even if the trademark registration application is filed in the name of a natural person, a copy of the business license of the individual industrial and commercial household is also required. If a registered trademark is obtained by deception or other improper means, the Trademark Office may declare the application for registration invalid.

In addition, with the continuous upgrading of corporate strategy, the trademark is no longer a narrow independent entity, it is in the design and development of identity, not only the core concept of the enterprise, the high frequency of transmission, the motivation and construction in the market, but also the circulation of commodity management, pushed to a broader strategic significance. Therefore, when many early-mountain technology companies are still ambiguous about the question of whether they can register a trademark without a business license, the above answers are the best analysis of this problem.

Trademark Qinggao registration application trademark registration process.

Legal analysis: It is possible to register a trademark without a business license, but it can only be registered through a trademark ** company. That is to say, a trademark ** company with professional qualifications can handle the situation that there is no business license and want to register a trademark, which is called trademark holding business.

It is a way to register a trademark in the name of ** company, and the two parties must sign a contract in advance, and when the applicant has a business license, it will be transferred to the trademark applicant. If you choose to register your trademark in this way, you must find a professional, qualified and trustworthy company to apply for it.

Legal basis: Article 5 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China A party entrusting a trademark agency to apply for trademark registration or handle other trademark matters shall submit a power of attorney. The power of attorney shall clearly state the content and authority; The power of attorney of the foreigner or foreign enterprise shall also indicate the ambiguous nationality of the client.

The notarization and authentication procedures of the power of attorney and related supporting documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.

If the applicant for trademark registration or transfer of a trademark or the transferee of the trademark is a foreigner or a foreign enterprise, the applicant shall designate a recipient in China to be responsible for receiving the legal documents of the Trademark Office and the Trademark Review and Adjudication Board for subsequent trademark business. The Trademark Office and the Trademark Review and Adjudication Board shall serve the legal documents of the subsequent trademark business to the recipient of the file in China.

Legal analysis: A business license is a prerequisite for applying for a trademark, and a trademark application cannot be done without a business license. You can first register the business license of the individual workers' group cover merchants, and the procedures for individual workers or code merchants are simple and the cost is low.

Basis: This is the use of individual industrial and commercial households, which can apply for a trademark in the name of the enterprise or in the name of the person in charge. After the trademark is successfully registered, the individual industrial and commercial household can be cancelled.

Legal basis: Article 19 of the Company Law of the People's Republic of China In the company, in accordance with the provisions of the constitution of the Communist Party of China, the organization of the Communist Party of China shall be established to carry out the activities of the Party. The company shall provide the necessary conditions for the activities of the Party organization.