What is a natural person who owns a trademark right
The trademark owner is a natural person, which means that the subject of the trademark right is a natural person, and the natural person is a natural person according to law Registered and obtained Trademark rights.
Scope of trademark owners
1. Original subject
Original subject of trademark rights
And it does not require trademark registration applicants to jointly apply for registration of the same trademark, which is neither in line with international practice nor in line with China's national conditions. , Therefore, China’s Trademark Law, which was revised for the second time in 2001, made important changes to the regulations on applicants for trademark registration.
According to Article 4, Section 1 of my country’s Trademark LawAccording to the provisions of paragraphs 1 and 2, if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes, it shall apply to the Trademark Office for commodity trademark registration. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it should apply to the Trademark Office for service trademark registration. After the trademark applied for registration is approved for registration, the trademark registration applicant becomes the trademark registrant of the registered trademark and the original subject of the trademark rights.
According to the provisions of Article 5 of my country's Trademark Law, natural persons, legal persons or other organizations can jointly apply to register the same trademark. After the same trademark that the trademark registration applicants jointly applied for registration is approved for registration, the trademark registration applicant shall It becomes the trademark registrant of the registered trademark and the original owner of the trademark rights.
Article 17 of China's Trademark Law stipulates: " When foreigners or foreign enterprises apply for trademark registration in China, they should do so in accordance with the agreement signed by their country of origin and the People's Republic of China or the international treaty they both participate in, or in accordance with the principle of reciprocity." That is to say, as the subject of trademark rights, foreign A person or foreign enterprise must meet certain conditions, that is, the country where the foreigner or foreign enterprise belongs and the People's Republic of China have signed an agreement related to trademarks, or both have participated in an international treaty related to trademarks, or handled in accordance with the principle of reciprocity. Trademark registration matters for Chinese people or Chinese companies. If a foreigner or a foreign enterprise’s country of origin and the People’s Republic of China have not signed a trademark-related agreement, have not jointly participated in international treaties related to trademarks, and have not handled trademark registration matters for Chinese persons or Chinese enterprises, then the foreigner shall Or foreign companies cannot become the subject of my country’s trademark rights.
It should be noted that the foreigners or foreigners here Enterprises refer to foreigners or foreign enterprises that do not have a regular residence or business office in China.
2. Successor
The successor of the trademark right
The original trademark right The subject can transfer its registered trademark in accordance with the law. After the natural person who is the original subject of the trademark right dies, the registered trademark can be transferred to his heir according to the law; after the legal person or other organization that is the original subject of the trademark right terminates, the registered trademark can be transferred to the original subject in accordance with the law. Relevant legal persons or other organizations. After a natural person, legal person or other organization obtains the trademark right through the assignment or transfer of a registered trademark in accordance with the law, it becomes the successor of the trademark right.
I hope that through the above content you can have a deeper understanding of issues related to natural persons who own trademark rights. If you are in a different situation Complex, this website also provides lawyer online consultation services, you are welcome to have legal consultation.
