Can two companies apply for one trademark?

Co-registration is possible. Article 5 of the Trademark Law stipulates: "Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office to register the same trademark, and jointly enjoy and exercise the exclusive right to the trademark. Regarding the question of whether two companies can apply for one trademark, the following The editor of Legal Savior Network will give you a detailed answer.

1.Can two companies apply for one trademark?

1. Joint registration is possible. Article 5 of the Trademark Law stipulates: "Two or more natural persons, legal persons or other organizations may jointly apply for registration with the Trademark Office The same trademark shall jointly enjoy and exercise the exclusive right to use the trademark.

2. Legal basis:

Article 5 of the "Trademark Law of the People's Republic of China": Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office to register the same trademark and jointly enjoy and exercise the exclusive right to the trademark.

Article 30 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China": If the name, address or other registration matters of the trademark registrant are changed, the change shall be submitted to the Trademark Office application. If the name of the trademark registrant is changed, a change certification document issued by the relevant registration authority must also be submitted. If the Trademark Office approves the application, it shall issue a corresponding certificate to the trademark registrant and make an announcement; if it disapproves the application, it shall notify the applicant in writing and explain the reasons. If the name or address of the trademark registrant is changed, the trademark registrant shall change all registered trademarks together; if the changes are not made together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it shall be deemed to have given up the change application, and the Trademark Office shall The applicant shall be notified in writing.

2. Characteristics of shared trademark rights

1. An important feature of shared trademark rights is the plurality of its subjects. The subjects of shared trademark rights are two or more natural persons, legal persons or other organizations. It expresses the plurality of rights subjects rather than the plurality of rights subjects.It is the plural form of the object of rights. If several people have the exclusive right to the same trademark based on joint registration or joint transfer, it is a joint trademark right; if the same entity enjoys the exclusive right to several trademarks, it does not constitute a joint trademark right.

2. Another feature of shared trademark rights is the unity of their rights. Co-owned trademark rights are one trademark rights rather than several trademark rights. Co-ownership refers to the common ownership of the same trademark rather than the common ownership of several trademarks. If several people enjoy exclusive rights to trademark A and trademark B, they are two independent shared trademark rights, not one shared trademark right.

3. Co-owned trademark rights are the rights shared by several people to the same trademark, and have nothing to do with the goods and services used by the trademark. If there is only one trademark owner, no matter how many types of goods or services the trademark is used on, it will not be a jointly owned trademark. On the contrary, whether a jointly owned trademark is used on one or more goods or services, it will not be a jointly owned trademark. is a jointly owned trademark. In other words, a jointly owned trademark right will not differ based on the number of goods or services it is used for.

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