Who can apply for trademark registration

A Trademark is a sign that is different from other goods or enterprises. If a trademark wants to be protected by law, it needs to apply for registration. Once the registration is approved, the trademark right is obtained. Legal trademark rights are protected by law. So what? Can a person apply for trademark registration? Below, the editor of Legal Savior Network will provide readers with relevant answers.

Who can apply for trademark registration

According to the provisions of the Trademark Law, you can Persons applying for trademark registration include natural persons, legal entities, or other organizations. Foreigners can also apply for registered trademarks.

"Trademark Law of the People's Republic of China"

Article 3. Registration approved by the Trademark Office Trademarks are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification marks; trademark registrants enjoy the exclusive right to use the trademark and are protected by law.

Collective trademarks referred to in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial activities to identify the user. A sign of membership in the organization.

Marks used on goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

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 a trademark with the Trademark Office register.

The provisions of this Law on commodity trademarks shall apply to service trademarks.

What are the materials for trademark application?

What are the materials for trademark application? ：

(1) If you are a natural personTo apply in your name, you need to show your ID card and submit a copy of your identity. If you apply for registration with an enterprise as the applicant, you need to present a copy of the enterprise's "Business License" and a copy of the "Business License" signed by the issuing authority. A completed trademark registration application form with the official seal of the unit and a personal signature.

(2) 10 trademark images (specified color For a color trademark, 10 colored drawings and 1 black and white ink drawing should be submitted). The trademark pattern provided must be clear and easy to paste. It must be on smooth and durable paper or replaced by a photo. The length and width must be no more than 10 cm and no less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used.

(3) Prepare the corresponding registration fees: pay the Trademark Office’s trademark fee of 1,000 yuan + the trademark agency fee of about 800 yuan.

What are the restrictions on trademark registration

1. A trademark applied for registration on the same or similar goods shall not use words, graphics, or combinations that are identical or similar to others’ registered trademarks or preliminarily approved trademarks.

The so-called identical trademark means that the words and graphics of two trademarks used on the same or similar goods are the same. Trademarks with the same pronunciation also belong to the same trademark.

The so-called similar trademarks refer to trademarks that have substantially the same elements such as words, graphics, pronunciation or meaning used as trademarks on the same or similar goods.

Any trademark applied for registration that does not comply with the relevant provisions of this Law or is the same as a trademark that has been registered or preliminarily approved by others for the same or similar goods, or If the application is similar, the Trademark Office will reject the application and will not publish it.

2. If a registered trademark is revoked or canceled, within one year from the date of cancellation or cancellation, trademarks that are identical or similar to the trademark cannot be approved for registration. .

If a registered trademark is revoked or is not renewed upon expiration, the Trademark Office shall, within one year from the date of revocation or cancellation, examine any trademark that is identical or similar to the trademark. The trademark registration application will not be approved.

The above knowledge is the editor's answer to the question "Who can apply for trademark registration?" According to the provisions of the Trademark Law, people who can apply for trademark registration include natural persons, legal entities, enterprises or other organizations. Foreigners also You can apply for a registered trademark. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.