Can an individual register a trademark and use it?

Legal basis: Article 4 of the Trademark Law stipulates that 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 activities, it shall apply to the Trademark Office for Trademark registration. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can an individual register a trademark and use it

Citizens can register their own trademarks! However, in order to achieve this goal, you must meet the following requirements: First, individual industrial and commercial households can choose to apply for trademark registration in the name of the applicant as the trade name registered in their "Individual Industrial and Commercial Household Business License"; similarly, They may also choose to apply in the name of the person in charge as recorded on the license.

If the application is made in the name of the person in charge, the identity certificate of the person in charge must also be provided. and business license.

Rural contracting households can choose to The signatory applies for trademark registration in the name of the applicant, and the identity certificate and contract contract of the signatory must be submitted when applying.

Furthermore, other natural persons who are licensed in accordance with the law and engaged in business activities can choose to use The name of the operator recorded in the registration document issued by the relevant administrative department shall be used as the name of the applicant to apply for trademark registration. When applying, the operator's identity certificate and the registration document issued by the relevant administrative department must be submitted.

Finally, when a natural person applies for trademark registration, the scope of goods and services he applies for It should be stated in the business license or relevant registrationThe business scope approved in the document shall prevail, or it shall be limited to the agricultural and sideline products operated by itself.

Legal basis: Article 4 of the Trademark Law stipulates that natural persons, legal persons or other In the course of production and business activities, an organization that needs to obtain the exclusive right to use a trademark for its goods or services must apply for trademark registration with the Trademark Office.

Article 4 of the Trademark Law

Individual registered trademarks must meet the following conditions:

1. Individual industrial and commercial households can apply for trademark registration in the name of the applicant using the font size registered in their "Individual Industrial and Commercial Household Business License", or they can also apply for trademark registration in the name of the responsible person registered on the license. File an application for trademark registration in the name of the person. 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 permitted to engage in business activities in accordance with the law may It applies for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. When applying, the operator's ID card and the registration document issued by the relevant administrative authority should be submitted.

2. Is the trademark still valid after the company has canceled it?

After a company is dissolved or liquidated, the trademarks it holds usually become invalid.

If the company can successfully transfer the trademark before this, then in this case, even if the company has been dissolved, the trademark will still maintain its validity.

Within one year after the dissolution of the company, the trademark can be transferred or an application for cancellation of the trademark can be submitted.

If the company fails to complete the transfer of the trademark at the time of dissolution and the ownership of the trademark has been determined, Then it is possible for the enterprise to separate the trademark from the company through transfer

It should be noted that the transfer of trademark rights is different from the transfer of trademark rights. It is not a legal act between the two parties, but is triggered by the elimination of the successor of the trademark right.

As long as the successor clearly accepts the trademark rights and completes the relevant procedures for transferring the registered trademark to the Trademark Office, everything will be smooth. Realize the transfer of trademark rights