1. Can a Registered trademark be registered by an individual?
In fact, individuals do have the right to apply for a registered trademark, but applying for a registered trademark must meet specific conditions and strict procedures.
In my country's "Trademark Law of the People's Republic of China", there is no express provision prohibiting natural persons from applying for trademark registration in an independent capacity.
With reference to relevant laws and regulations, in order to successfully apply for a registered trademark, individuals must meet the following conditions:
First of all, I need to have the corresponding subject qualifications, specifically as an operator of an individual industrial and commercial household, a rural household contract operator, an individual partnership, and other entities operating enterprises.
This also means that an individual business license alone does not automatically grant an individual the right to register a trademark. The applicant also needs to prove that he is in the process of trademark registration. "Production and business activities";
Secondly, when applying for registered trademarks, individuals should provide relevant departments with evidence to prove their "production and business activities" "Activity" status document, and this document is mainly an individual business license.
At the same time, the trademark pattern should be concise and clear, and the submitted registered trademark selection items should be within the scope of the personal business license;
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Third, when applying for a registered trademark, individuals must strictly abide by the provisions of the Trademark Law. For example, the trademark should have a distinctive gender, legality of trademark application, and non-infringement of trademark rights already obtained by others;
In general, although individuals can protect the exclusive right to use their commercial logos by registering a trademark, this still needs to meet many of the above conditions. , including having a valid production and operation entity certificate, providing a clear and easy-to-understand trademark design plan and relevant certification materials, and on this basis, always upholding an attitude of operating strictly in accordance with the "Trademark Law".
"Trademark Law of the People's Republic of China"Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business operations, it shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.
The provisions of this Law on 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 same trademark. Trademark exclusive rights.
2. The name on the business license can be almost the same as the name of someone else’s registered trademark
According to legal provisions, the naming rights owned by an enterprise are called enterprise name rights, and the rights and interests brought by trademarks are summarized as trademark rights.
These two rights are usually independent of each other, coexist and are not mutually exclusive.
In other words, even if someone has obtained trademark rights, he cannot force others to change his business name, or even prevent others from registering A company with a similar name; similarly, a company shall not interfere with others registering a trademark that is exactly the same as its business name.
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