What are the situations of domestic trademark registration applicants
Applicants applying for trademark registration in our country can be divided according to their country of origin. There are two types: domestic applicants and foreign applicants.
(1) Domestic applicants mainly include the following This situation:
1. Natural person
Natural person is the legal title of a person. According to the provisions of the Civil Code, natural persons are citizens. From the time of birth to the time of death, a citizen has the capacity for civil rights, enjoys civil rights and assumes civil obligations in accordance with the law. In other words, any citizen of the People's Republic of China has the right to apply for trademark registration, unless otherwise provided by law.
2. Legal person
Have capacity for civil rights and capacity for civil conduct, an organization that independently enjoys civil rights and assumes civil obligations in accordance with the law. Legal persons include: corporate legal persons, agencies, institutions and social group legal persons.
3. Other organizations
Other organizations refer to enterprises, institutions and social groups that do not have legal personality and other organizations.
(2) Foreign Applicant
According to Article 17 of the Trademark Law According to the provisions of Articles 1 and 18, foreigners or foreign enterprises may apply for trademark registration in China in accordance with the agreement signed by their country of origin and our country or the international treaty they both participate in, or based on the principle of reciprocity. For foreigners or foreign enterprises with a habitual residence or business office in China, they will be treated as domestic applicants when handling the application procedures; however, foreigners or foreign enterprises without a habitual residence or business office in China should entrust a nationally recognized trademark owner Agency qualified organizational agent.
There is one thing that requires registration, although there is only one requirement in trademark law. It is mentioned that foreigners or foreign enterprises can apply for trademark registration in my country in accordance with relevant regulations, but in practice, other foreign organizations can also apply.
(3) Co-applicant
In addition to a single applicant, according to Article 5 of the Trademark Law, 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. The co-applicants can be all domestic applicants or all foreign applicants, or there can be both domestic applicants and foreign applicants.
In practice, when applying for trademark registration and other related matters at the Trademark Office of China, applicants from Hong Kong, Macao and Taiwan refer to "Foreign applicants".
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