1. Can a self-employed person register a trademark?
1. Can a self-employed person register a trademark? They have the right to apply for registered trademarks. As one of the natural persons, when engaging in production and business and other related activities, they need to submit relevant trademark registration applications to the Trademark Office in accordance with regulations. At the same time, they must submit valid identity documents and individual industrial and commercial household business licenses as supporting documents.
During the trademark registration process, applicants need to provide trademark image samples that comply with legal regulations, such as text, graphics, English letters, Arabic numerals, symbols, etc. Any form is available.
2. It is worth noting that even after the business license of an individual industrial and commercial household is cancelled, the registered trademark can still be used by the individual holder. However, the prerequisite is that the renewal procedures must be completed in time before the trademark expires.
3. I would like to remind everyone that the individual industrial and commercial household business license and ID card used to register a trademark must be owned by the same entity. If someone intends to use If an individual's registered trademark is used on goods sold by his company, he can choose to authorize the company and then go to the Trademark Office to go through the corresponding trademark license filing procedures.
Article 4 of the Trademark Law of the People's Republic of China
Natural person, legal person or other organization In production and business activities, if you need to obtain the exclusive right to use a trademark for your goods or services, you must 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 regarding commodity trademarks shall apply to service trademarks.
2. Can a registered trademark be registered by an individual?
In fact, individuals do have the right to apply for registered trademarks, butApplying to register a trademark requires meeting 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, an individual 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, or other entity-operated 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 engaged in "production and business activities." ";
Secondly, when applying for a registered trademark, an individual should provide the relevant department with a document to prove his or her "production and business activities" status, and this document The main thing is the 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;
Third, when applying for a registered trademark, an individual must strictly abide by the provisions of the Trademark Law, such as the trademark should be distinctive, the legality of the trademark application and must not be infringed. Related principles such as trademark rights that have been acquired by others;
In general, although individuals can protect the exclusive right to use their commercial logos by registering a trademark, However, this can still be achieved after meeting 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 adhering to the strict compliance with the "Trademark attitude towards the operation of the Law.
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