Legal subjectivity:

There are two types of registered trademarks, one is registered in the name of an individual, and the other is registered in the name of a company. There are essential differences between these two methods. The effects are also different.

1. What is the difference between registering a personal trademark and registering a company trademark?

Registered trademarks can be divided into two types, one is registered in the name of an individual, and the other is registered in the name of a company. Yes, their differences are as follows:

1. The submitted materials are different. Enterprise trademark registration requires a copy of the enterprise license, while personal trademark registration requires a copy of the individual's ID card in addition to a copy of the individual business license.

2. The ownership rights of the trademark are different after the trademark is registered. Company registration is owned by the company, and individual registration is owned by the individual.

3. Some measures that need to be taken after the trademark information is changed are also different. Considering that some companies are rich and willful, they may move to a new office address or change their name to a more fashionable name. These must be correspondingly changed in the trademark; personal trademarks are registered on the ID card, and household registration is generally very easy. Difficult to change. So it is relatively stable.

4. When applying for a trademark, there are also different requirements for the name of the applicant for trademark registration. A self-employed person can apply for trademark registration in the name of the trade name registered in his "Individual Industrial and Commercial Household Business License", or in the name of the person in charge registered on the license; or in the name of all partners*** File an application for trademark registration at the same time. Enterprises generally have a higher survival rate, a longer life cycle, and relatively frequent changes in the person in charge of the enterprise. Therefore, applicants for registered trademarks must use the enterprise name on the "Business License" and cannot change other names.

Note: There is no distinction between personal trademarks and corporate trademarks. They have the same role in the legal sense. When we apply for a trademark, we must base it on usage and not blindly pursue personal or corporate trademarks.

2. Process of registering a trademark

Trademark query (within 2 days) → Application document preparation (within 3 days) → Submit application (within 2 days) → Pay trademark registration fee → Trademark form review (1 month) → Issuance of trademark acceptance notice → Trademark substantive examination (9 months) → Trademark announcement (3 months) → Issuance of trademark certificate.

Trademark registration official fee: 300 yuan; limited to 10 goods or services in this category; 30 yuan will be added for each additional one. If you entrust an agency to apply, you will also need to pay a trademark registration agency fee of 200-800 yuan.

3. Ways to register a trademark

There are two ways for domestic trademark registration applicants to apply for trademark registration: one is to handle it by themselves; the other is to entrust a trademark agency established in accordance with the law to handle it. .

The main difference between the two methods is the method of contact, documents submitted, document submission and service methods. In terms of the method of contact, if you handle it yourself, the applicant will have direct contact with the Trademark Office during the process; if you entrust a trademark agency to handle it, the applicant will contact the Trademark Office through the trademark agency instead of directly. Contact the Trademark Office.

In terms of the documents to be submitted, if the application is handled by oneself, the applicant should submit the relevant documents in accordance with the regulations; if the trademark agency is entrusted to handle the matter, the applicant should submit the entrustment in addition to other documents that should be submitted. A power of attorney for a trademark agency to handle trademark registration matters.

In terms of document submission method, if the applicant handles it by himself, the applicant or the person in charge shall submit the application documents directly to the Trademark Registration Hall of the Trademark Office (you can also go to the Trademark Office’s National Independent Innovation Demonstration Zone in Zhongguancun Offices.

Trademark examination cooperation centers established by the Trademark Office outside Beijing, or trademark acceptance windows established by the Trademark Office entrusted by local industrial and commercial and market supervision departments), applicants can also submit through the online application system; agencies The application documents can be submitted to the Trademark Office directly, by mail, or through a courier company, or submitted through the online application system.

In terms of the method of document service, if the applicant handles the matter on his own, various documents from the Trademark Office will be served to the party concerned; if the applicant entrusts a trademark agency to handle the matter, the documents will be served to the trademark agency. Legal objectivity:

Article 43 of the Trademark Law of the People’s Republic of China can allow others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. If the licensor permits others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.