What are the main applicants for trademark registration?
Applying for a trademark in my country Applicants for registration can be divided into two types according to their country of origin: domestic applicants and foreign applicants.
(1) Domestic applicants mainly have the following situations:
1. Natural person
Natural person is a human being a legal title. According to the provisions of the General Principles of Civil Law, 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
" "Legal person" is defined as an organization that has the capacity for civil rights and civil conduct, and 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 organizations that are not Organizations such as enterprises, institutions, and social groups with legal person status.
(2) Foreign applicants
According to the "Trademark According to Articles 17 and 18 of the Law, foreigners or foreign enterprises may apply for trademark registration in my country in accordance with the agreement signed by their country of origin and my country or the international treaty they both participate in, or based on the principle of reciprocity. For foreigners who have a habitual residence or business office in ChinaChinese nationals or foreign enterprises shall be treated as domestic applicants when handling application procedures; however, foreigners or foreign enterprises without a regular residence or business office in China shall entrust a nationally recognized organization with trademark agency qualifications to act as their agent.
One thing that requires registration is that although the Trademark Law only mentions that foreigners or foreign enterprises can apply for trademark registration in my country in accordance with relevant regulations, in practice, other foreign Organizations can also apply.
(3) Co-applicants
Except single application 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 use 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 my country Trademark Office, applicants from Hong Kong, Macao and Taiwan refer to the "Foreign Application" "People" handle it.
The above knowledge is the answer of the editor of Legal Savior Network to the question "What are the main applicants for trademark registration?" If readers need legal help , welcome to the Legal Savior Network for legal consultation.
