During the process of trademark agency, Bajie Intellectual Property Trademark Network often encounters inquiries from customers, such as the following question: Can trademarks be used in a personal name?
Before February 2007, trademark registrants could only apply for trademarks with their personal ID cards. However, since February 2007, the State Trademark Office has issued the "Notice on Natural Persons' Application for Trademark Registration." Natural persons are not allowed to apply for trademark registration based only on their ID cards (foreign individuals). except. Prior to this, natural person trademarks could be registered. Is it possible to own a trademark in an individual's name? The answer is yes. As long as the following conditions are met, the trademark can still be owned by an individual:
1. Have an individual industrial and commercial household business license or a rural contracting business license.
2. The person in charge of the license and the applicant are the same person.
3. The goods and services for which trademark registration is applied are limited to the business scope approved by the business license or relevant registration documents, otherwise the application will not be accepted.
In agency business, registration is usually applied for in the form of the applicant’s personal business license. As for the scope of business, many people are also confused. Some colleagues asked, "This is the scope of business. How many types and types of trademarks can be applied for?" Some customers have individual licenses to operate in everyday department stores, etc. Applications from various categories such as 3, 5, 26, 32, 23, and 14 are accepted. There are also 33 types of pre-packaged food or food categories that customers have applied for and are basically accepted. Especially in the past two years, as long as the scope of the license and the difference between the application categories are not special, such as clothing license applications for cosmetic trademarks, it will be generally accepted. Furthermore, not deducting expenses is unacceptable. When a special dispute arises, it is best to explain it clearly to the customer and submit it boldly while protecting the customer's rights and interests. As long as it is acceptable, it is generally acceptable.
When consulting customers, we often inform these regulations in detail, but when meeting customers, we will say, "Where can I apply for an ID card directly without a business license? How do you want to apply here?" Business license? "When we encounter customers we don't know, we still think we have to hold an unprofessional license and don't do it. Fixed. So how do they work? Apparently, in the PS era, PS could apply for a fake license.
What Bajie Intellectual Property Trademark Network wants to say is that trademark agencies have neither a bottom line nor professionalism in helping counterfeit goods. Maybe you can be lucky enough to apply for a fake material trademark, but it also creates hidden dangers. If the applicant provides false materials to obtain trademark registration, the Trademark Office will unconditionally cancel the trademark name once it is verified. It is too late.
In this case, we will clearly tell the customer that we cannot do it. I would rather not do it than help him fake it. This year, the implementation of the new Trademark Law clearly stipulates trademark agencies, and it is very important to operate with integrity. So, it's really harmful to do that. It is recommended that all applicants, in order to protect your intangible assets and maintain your business interests, should not only focus on the immediate and long-term, but also look for formal agency operations. Do not commit fraud and provide false materials to avoid losing money.
If you really want to apply for a trademark but do not have an individual license, Bajie Intellectual Property Trademark Network recommends applying for an individual license. After the trademark application is submitted, you can also cancel the license in the future, because the trademark is registered in your personal name. When it comes to trademark transfer, renewal and other matters in the future, you do not need to provide an individual license, which is also feasible.