The subject of trademark rights, also called the trademark owner, refers to the natural person, legal person or other organization that enjoys trademark rights in accordance with the law, including the original subject and successor subject of trademark rights. The original subject of trademark rights refers to the trademark registrant, and the successor subject refers to the natural person, legal person or other organization that obtains trademark rights through the assignment or transfer of a registered trademark in accordance with the law. According to the provisions of my country's Trademark Law, the subjects of trademark rights include legally established enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and foreigners or foreign enterprises, who are the holders of trademark rights. Article 2 of the Implementing Rules of the Trademark Law stipulates: “Applicants for trademark registration must be legally established enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and foreigners or individuals who comply with the provisions of Article 9 of the Trademark Law. Foreign enterprises. ”
(1) Enterprise units refer to those enterprises with legal person status established in accordance with the "Regulations on the Registration and Management of Enterprise Legal Persons".
(2) Public institutions refer to those research institutions or schools with affiliated factories or production workshops that can engage in the production and distribution of goods. State agencies, ministries and commissions and other units do not fall into this category.
(3) Individual industrial and commercial households and individual partnerships refer to individual industrial and commercial households and individual partnerships that have registered with the industrial and commercial administration authorities and obtained legal qualifications in accordance with relevant national laws and regulations.
(4) Foreigners and foreign enterprises refer to natural persons with foreign nationality and legal persons established in accordance with foreign laws and registered in foreign countries. Such applicants should apply for trademark registration in my country in accordance with the agreement signed between their country and my country or the international treaty they both participate in or the principle of reciprocity, and entrust a trademark agency designated by the State Administration for Industry and Commerce to handle the matter.
For Sino-foreign joint ventures established in China that have been registered and obtained business licenses in accordance with the law, when applying for trademark registration, the applicant shall be determined according to the ownership of the trademark rights in accordance with the provisions of the contract. If the Chinese party is the applicant, According to domestic trademark registration, the subject of the trademark right belongs to one of the first three situations mentioned above; if a foreign party is the applicant, the application is processed as a foreign trademark registration, and the subject of the trademark right falls into the fourth situation above.