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Can a personal name be used as a trademark?
In our daily life, many people choose to register their own products as trademarks, so they can better protect their rights when they infringe the trademarks. Can personal names be used as trademarks? In order to help you better understand the relevant legal knowledge, we have sorted out the relevant contents. Let's take a look. 1. Can a person's name be used as a trademark? An individual's name can be registered as a trademark if it does not violate the provisions of the Trademark Law. Everyone has his own name, which is a sign that distinguishes him from others. According to Article 8 of the Trademark Law, any visible sign, including words, graphics, letters, numbers, three-dimensional signs and color combinations, which can distinguish the goods of natural persons, legal persons or other organizations from those of others, and the combination of the above elements can be applied for registration as a trademark. And the name (China people) is a kind of words, so from this condition, a person's name can be registered as a trademark. We are familiar with the names and trademarks of "Li Ning" sports brand founded by Olympic champion Li Ning, Zhang Xiaoquan Scissors, Chanel, a famous foreign brand, etc. However, not everyone's name can be registered as a trademark. China's Trademark Law clearly stipulates the regulations that cannot be registered as a trademark, and all trademarks that violate these regulations cannot be registered successfully. For a simple example, if a person's name is China, then this trademark cannot be registered. Because the Trademark Law clearly stipulates that a trademark cannot be registered if it is identical with or similar to the national name, national flag, national emblem, military flag and medal of the People's Republic of China, or if it is identical with the name of a specific place where the central state organ is located or the name and figure of a landmark building. 2. How much is the trademark transfer? (1) Trademark transfer acceptance fee: The fee for applying for the transfer of a trademark is 1 yuan, and the acceptance fee is paid directly to the State Trademark Office, which collects the official fee of 1 yuan. (II) Agency fee for trademark transfer: If an agency is entrusted, a certain agency fee shall be paid separately. The specific process of trademark transfer is as follows: 1. Fill in the Application for Transfer of Registered Trademark. The application shall be in the form prescribed by the State Administration for Industry and Commerce, indicating the number and name of the transferred trademark, the name and address of the transferor, the name and address of the transferee, and the business license number, and stamped with the seals of both parties. (For the transfer of each trademark (registration number), an application shall be submitted, and the transferor and transferee shall affix their seals or signatures, and the transferee shall go through the relevant formalities). 2. Attach relevant documents. When submitting the application for transfer, the original registration certificate, a copy of the contract for applying for trademark transfer and other documents shall be submitted at the same time; Business licenses of the transferor and the transferee, and copies of ID cards (with official seals); The trademark seller in the notary office declares the notarial certificate (stamped with the official seal) (Note: If the Trademark Office has doubts about the authenticity and validity of the trademark transfer, it may ask for relevant supporting documents or notarized copies. Notarization is not necessary, but in order to avoid subsequent troubles, it is necessary to take out notarization insurance). 3. Pay the transfer application fee and transfer registration fee. Third, the process and cost of domestic trademark registration generally go through the following process: (1) To inquire whether the same or similar trademarks already exist in the trademark name, it is also necessary to confirm the category of trademark registration and the industry and service where the registered trademark is located. (2) Preparation materials: To apply in the name of an individual, it is generally necessary to show a copy of your ID card and business license of self-employed. To apply for registration in the name of an enterprise, you need to produce a copy of the Business License of the enterprise and a complete application for trademark registration with the official seal of the unit and personal signature. (3) Apply to the China National Intellectual Property Administration Trademark Office for trademark registration, or entrust a trademark agency to entrust a trademark agency to help you prepare and submit the trademark application documents. (4) The trademark registration authority shall conduct trademark examination (9-12 months), preliminary examination announcement and registration announcement (3 months) on the application for trademark registration, and obtain a trademark certificate if there is no objection to the announcement. About the amount of registered trademark: the official fee for one trademark application is 3 yuan, and you can choose 1 categories of goods or services. If there are less than 1 categories, you will still be charged the official fee from 3 yuan, and if there are more than 1 categories, you will be charged the official fee according to 3 yuan/category. Where a trademark agency is entrusted, the applicant shall pay the trademark registration certification officer fee and agency fee to the trademark agency.