According to the provisions of the Trademark Law, the subject applying for trademark registration can be an enterprise, institution or organization, or a natural person (individual). The determination of the subject of trademark application is mainly based on the valid business or employment certificate.
In the process of trademark registration, many applicants will struggle whether to apply for registration in the name of an individual or a company. In whose name is it better to apply? Today, I will briefly sort out the advantages and disadvantages of registered trademarks of individuals and companies.
Let's talk about the similarities between the two.
First of all, whether you apply for a registered trademark in the name of an individual or an enterprise, the degree of legal protection is the same; Secondly, the term of validity of the exclusive right to use a trademark is the same, which is 10 year. After 10 years, if the trademark applicant wants to continue to use this trademark, it needs to renew the trademark.
What's the difference between them?
First of all, the materials provided are different
When registering a trademark, an individual must submit a copy of the business license and ID card of the individual industrial and commercial household.
Tongcheng enterprises must submit a copy of the business license and affix the corresponding official seal to handle trademark registration.
Second, the scope of application is different
Individuals applying for trademark registration can only be based on the business scope recorded in the business license registration of individual industrial and commercial households. The application for trademark registration cannot exceed the business scope, and cross-industry trademark registration is not allowed, with registration restrictions.
The object of trademark registration protection applied by Tongcheng enterprises is not restricted, and the application for trademark registration may not be based on the business scope, and the registered trademark is not restricted and can be protected across industries.
3. The names of the applicants for trademark registration are different.
Individuals can apply for trademark registration in the name of the applicant in the name of the name registered in the business license of individual industrial and commercial households, or in the name of the person in charge registered in the license.
To register the trademark of Tongcheng enterprise, the applicant must be the enterprise name on the business license.
Fourth, the ownership of trademark rights is different.
Where a trademark is registered by an individual, the trademark right belongs to the individual; The registered trademark of an enterprise belongs to the enterprise.
Fifth, the stability is different.
Trademarks registered in the name of ordinary individuals are relatively stable and generally do not change their trademarks; In the course of business activities, the company may change its name or address, and if it needs to change the corresponding trademark, it shall apply to the Trademark Office for change.
In addition to the above five points, the two will be different in brand strategy. Generally speaking, the trademarks applied by enterprises are easier to enter the market than those applied by individuals, and it is easier to start the brand. It can be said that applying for a registered trademark in the name of an enterprise is more conducive to the promotion of products. Of course, if you apply for registration in your own name, you can also authorize your own enterprise or other enterprises to use it. But whether to apply for a trademark in the name of an enterprise or an individual depends entirely on the trademark applicant. The most important thing is to meet the needs of its own development and weigh the trademark registration model from a long-term perspective.
Personal trademark company trademark