What is the difference between registering a trademark in an individual’s name and registering a trademark in a company’s name?

Significant differences in trademark ownership rights 1. The property rights of a trademark registered in the name of a company belong entirely to the company itself, and neither corporate legal persons nor corporate shareholders have the right to enjoy the exclusive rights of the registered trademark alone. If the company faces cancellation, the registered trademark will also become invalid due to the liquidation of the company's assets. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. What is the difference between registering a trademark in the name of an individual and registering a trademark in the name of a company

(1) Analysis of differences in trademark ownership rights

1. The ownership of a trademark registered in the name of a company naturally belongs to the company, and the corporate legal person or Corporate shareholders do not enjoy the exclusive right to use such registered trademarks.

After the company is deregistered, the trademark will also become invalid because the trademark itself is considered One of the company's assets, subject to liquidation procedures.

2. The ownership of a trademark registered in an individual’s name belongs only to the individual, not the enterprise The establishment or cancellation of a trademark has no direct impact on the validity of the trademark.

(2) Differences in the information required to be submitted during the registration process

1. When registering in the name of a company, a copy of the company's business license must be submitted to the relevant department and stamped The official seal of the company shall be confirmed.

2. When registering in an individual’s name, a copy of the personal ID card and a copy of the individual business license must be submitted as the basis for application.

(3) Analysis of differences in ownership and control authority

1. For trademarks registered in the name of a company, the specific arrangements for their use rights must be determined by the company itself.

2. In comparison, the right to use a trademark registered in an individual’s name is more concentrated because the individual owns the trademark

(4) Analysis of differences in trademark use certification

1. Due to the wide range of business involved by the company, including various activities, products and services etc., so as long as any one of them involves the use of the trademark, it can be deemed that the trademark has been actually used.

2. In contrast, individuals may face greater difficulties in proving trademark use.

(5) Difference analysis in stability

1. There is a certain degree of instability in trademarks registered in the name of a company. If the company name, address or legal representative changes, the trademark must also undergo corresponding change procedures..

2. Trademarks registered in an individual’s name have higher stability. The ID card information usually does not change, so the trademark does not need to be changed, thus ensuring its relative stability.

Article 22 of the Trademark Law

Trademark registration applicants shall fill in the product categories and product names using the trademark according to the prescribed product classification table, and submit an application for registration. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.

2. What are the main forms of trademark infringement

1 .Use exactly the same words, graphics or sound marks as the registered trademark in the same category of products without the authorization of the trademark owner;

2. Use words, graphics or sound marks that are highly similar to the registered trademark in the same category of products without the permission of the trademark owner, or The use of words, graphics or sound marks that are identical or similar to a registered trademark in similar product categories can easily cause cognitive confusion among consumers;

3. Selling products that infringe the exclusive rights of registered trademarks;

4. Illegal manufacture or unauthorized production of registered trademarks of others, or sale of these illegally manufactured or unauthorized registered trademarks;

5. Without the express consent of the trademark owner, replace the registered trademark without authorization, and re-launch the product with the replaced trademark Sales in the market;

6. Intentionally providing services for the purpose of infringing the exclusive rights of others’ registered trademarks Facilitate conditions to assist others to commit acts of infringement of trademark exclusive rights;

7. In addition to the above In addition to the list, other forms of damage have been caused to the exclusive rights of registered trademarks of others.