Who can register as a natural person? Applying for trademark registration in name
Individuals can apply for registered trademarks, and the trademark ownership rights applied by individuals belong to individuals.
The Trademark Law stipulates that when applying for a trademark in an individual's name, a copy of the self-employed business license and a copy of the personal ID card are required. and application and power of attorney.
Generally speaking, natural persons cannot be the subject of trademark registration. However, in the following two situations, natural persons can become the subject of trademark registration:
First, foreign natural persons can apply for trademark registration in my country in their own names. Article 17 of the Trademark Law of the People's Republic of China stipulates: "Foreigners or foreign enterprises applying for trademark registration in China shall 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. Process." The "foreigners" here include foreign natural persons.
Second, a natural person as an individual industrial and commercial household can Apply for trademark registration in your own name. Individual industrial and commercial households that apply for industrial and commercial business registration may or may not have a font size. For individual merchants who do not have a trade name, they can apply for trademark registration in their own name.
In this regard, the Trademark Office of the State Administration for Industry and Commerce issued a reply to the Anhui Provincial Administration for Industry and Commerce on relevant issues on January 9, 1986.
The reason why my country's current laws stipulate that natural persons generally cannot be the subject of trademark registration was mainly due to the limited resources for applying for trademark registration, and trademarks were mainly used for trademark registration. As a tool of market competition, those who need to apply for trademark registration are mainly various market entities, namely enterprises, institutions and individual industrial and commercial individuals. General natural persons do not engage in production and business operations, so they do not need to apply for trademark registration. butSince a trademark generally takes a certain amount of time from application to registration approval, with the development of the market economy, this provision no longer meets the requirements of the development of the situation, and the requirement for natural persons to apply for trademark registration in their own names is becoming increasingly urgent.
Moreover, the differential treatment of natural persons at home and abroad is not conducive to the production, operation and investment of our domestic citizens, and is obviously unfair to our citizens in market competition. Currently, the Trademark Law of the People's Republic of China is being revised. It is understood that the Trademark Office of the State Administration for Industry and Commerce has also been aware of this problem for a long time and will propose in the revised draft that it no longer restricts natural persons in my country from applying for trademark registration in their own names.
As for who can apply for trademark registration as a natural person, the above content has been roughly explained and two situations have been discussed above. , you can refer to the above content. If you still don’t understand anything, you can also come to consult the online lawyers on the Legal Savior Network. We will have dedicated lawyers to answer your questions!
