Legal analysis: required. The economy is developing and society is progressing. Today, with a dazzling array of commercial products, trademarks are the strongest reflection of the competitiveness of commercial products. Therefore, more and more companies and individuals are starting to register trademarks. Individual registered trademarks also require a business license as an individual industrial and commercial household. Without a business license, you cannot apply for a registered trademark. When a corporate legal person registers a trademark, it must provide a subject qualification certification document. This subject qualification certification document is a business license for the enterprise. Therefore, if the company does not have a business license, it cannot register a trademark. Not only that, even if the application is made in the name of a natural person, a copy of the business license of the individual industrial and commercial household is also required. The Trademark Office needs the applicant to have actual production and operation before it will consider the applicant qualified to apply for a trademark.
Legal basis: "Trademark Law of the People's Republic of China"
Article 4 Natural persons, legal persons or other organizations need to obtain trademarks for their goods or services during production and business activities. If you have the exclusive right to use a trademark, you must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.
Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark: (1) The degree of awareness of the trademark by the relevant public; (2) The duration of use of the trademark; (3) The duration, extent and geographical scope of any publicity work for the trademark; (4) ) Records that the trademark is protected as a well-known trademark; (5) Other factors that make the trademark famous. During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case. During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case. During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. Producers and operators are not allowed to use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.