Can an individual apply for trademark registration?

Individuals can apply for registered trademarks. According to the provisions of the "Trademark Law of the People's Republic of China", natural persons, legal persons and other organizations have the right to apply for Trademark registration. However, the prerequisite for applying for trademark registration is that the goods or services require the exclusive use of the trademark. If you apply for trademark registration without the purpose of use, the industrial and commercial administrative department will reject it. Regarding the question of whether an individual can apply for trademark registration, the editor of Legal Savior Network will answer it in detail for you below.

1. Can individuals apply for trademark registration?

Individuals can apply for registration trademark.

Legal basis: "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 exclusive right to the trademark.

2. What regulations should be followed when applying for trademark registration?

Legal basis: "Trademark Law of the People's Republic of China"

Article 22 An applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.

Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.

Trademark registration applicationPlease wait for relevant documents, which can be submitted in writing or by data message.

Article 23 If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted.

Article 24 If a registered trademark needs to change its sign, a new registration application must be submitted.

Article 25 A trademark registration applicant shall apply for trademark registration in China within six months from the date when his or her trademark is first filed for trademark registration in a foreign country. If a trademark registration application is filed for the same goods with the same trademark, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.

If priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and the first proposed trademark shall be submitted within three months. A copy of the registration application document; if a written statement is not made or a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that no priority has been claimed.

Article 26 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the trademark shall be used from the date the goods are exhibited Within six months from the date of registration, the applicant for registration of the trademark can enjoy priority.

Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration and submit an exhibition displaying their goods within three months. If the applicant fails to make a written statement or fails to submit supporting documents within the time limit, it will be deemed that priority has not been claimed.

Article 27 The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete.

To sum up, not only companies can apply for registered trademarks. In judicial practice, individual industrial and commercial households also have the right to apply for registered trademarks, but those who apply for registered trademarks The cycle is relatively long and application fees will be incurred. Before applying to register a trademark, you should understand the legal knowledge about trademark registration. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.