1. Can a trademark be registered in an individual’s name?
First of all, it needs to be clarified Yes, individuals of whatever nature are eligible to register a trademark.
In the actual operation process, they must follow certain guidelines to complete this task, as detailed below:
1. Individual industrial and commercial households, as applicants for registered trademarks, should apply in the name of the trade name registered in the "Individual Industrial and Commercial Household Business License".
You can also choose to use the person in charge recorded on the business license as the application representative, but when applying in the name of the person in charge, the identity of the corresponding person in charge must be provided Certification and business license.
2. When rural contract operators apply for trademark registration, they can be represented by the signatory established in the contract contract signed with the relevant administrative agency.
In this case, the identity card of the signer and the contract should be submitted to the relevant department.
3. If a natural person has obtained a business license of different nature and has the right to formally carry out various business activities, then he can use it in the relevant administrative The operator's identity as recorded in the valid registration certificate issued by the competent authority shall apply for trademark registration.
Similarly, applicants still need to submit the identity certificate of the operator and the registration certificate issued by the administrative authority to the relevant departments.
Article 4 of the Trademark Law
Required for personal registered trademarksThe following conditions:
1. Individual industrial and commercial households can apply for trademark registration in the name of the applicant with the name registered in their "Individual Industrial and Commercial Household Business License", or in the name of the applicant. Apply for trademark registration in the name of the person in charge registered on the license. When applying in the name of the person in charge, the identity card and business license of the person in charge should be submitted.
2. Rural contract operators can apply for trademark registration in the name of the person who signed the contract. When applying, they should submit the identity card of the person signing the contract and the contract.
3. Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator published in the registration document issued by the relevant administrative authority. , the operator’s ID card and the registration document issued by the relevant administrative authority should be submitted when applying.
2. What are the things that cannot be applied for registration as trademarks?
The following are the types of trademarks that cannot be registered:
1. Trademarks that conflict with the legal rights and interests previously acquired by other relevant parties;
2. Is it only the popular name, pattern, and model of the product, or is it a trademark that truly reflects the product's quality, main materials, performance, usage direction, weight, quantity, and other significant characteristics? ;
3. Other trademarks that the Trademark Office determines cannot be granted registration rights.
4. Trademarks that are similar to names or logos such as country names, flags, national emblems, military flags, etc. that are targeted diplomatically by other countries and are not expressly permitted by the government of the host country.
