Can I register a trademark without starting a company?

It needs to be particularly emphasized that when a natural person applies for Trademark registration, the scope of goods and services involved shall not exceed the business scope approved by the business license or relevant registration documents, or the scope of agricultural and sideline products operated by the natural person. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Can I register a trademark without starting a company?

Can I register a trademark without a company? The prerequisites for registering a trademark include the following points:

First of all, as an applicant, an individual business owner can submit a registration application directly in the name of the individual business owner. You can also choose to apply for trademark registration as the person in charge of license registration.

When applying as a person in charge, you must provide relevant supporting documents such as the person in charge’s valid ID and a copy of the business license;

Secondly, operators of rural land contract management can choose to submit a trademark registration application in the name of the signer of the contract. They also need to attach their ID card and contract contract. Copies and other relevant certification materials;

Furthermore, any natural person who is granted legal qualifications to carry out business activities through the procedures prescribed by law has the right to use relevant The operator shall apply for trademark registration to the State Trademark Office in the name of the operator indicated in the registration document issued by the administrative department.

In addition, in China, the scope of goods and services for which a natural person applies for trademark registration is limited to the business scope permitted by his or her business license or other legal basis, or Within the scope of agricultural products and by-products operated by individuals themselves.

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 on commodity trademarks shall apply to service trademarks.

2. Is trademark registration an administrative license?

Trademark registration is not an administrative licensing act.

However, please note that for those specific types of goods for which laws and administrative regulations clearly stipulate that the use of registered trademarks is required (such as Tobacco products), trademark registration must still follow relevant rules.

In this case, we can treat these product categories that must adopt registered trademarks as the same It is within the scope of administrative licensing.

In other words, trademark registration for other products or situations will not be included in the scope of administrative licensing.

According to the clear explanation in my country's "Administrative Licensing Law", administrative licensing refers to matters directly related to national security, public safety, economic macro-control and even ecological environment protection and human beings. Specific activities in important areas such as physical and mental health and safety of valuable life and property. These activities need to complete the application and approval procedures in accordance with laws and regulations to obtain authorization.

Trademark registration and Administrative licensing categories that do not comply with the above-mentioned legal provisions.

Therefore, in most cases, trademark registration must be carried out through the administrative approval process, and the specific processing The work is undertaken solely by the unified Trademark Administration Bureau.