For trademark applicant qualifications, only when a qualified legal entity or natural person submits a registration application to the Trademark Office, the trademark examination authority, and the Trademark Office completes the examination of the distinctiveness and prior rights of the trademark components in accordance with the law. , and only those who successfully complete the announcement process can obtain the exclusive right to register a trademark. Sometimes it is difficult for applicants to judge because they do not have professional knowledge or if they want to make ineligible situations meet the conditions, they need to consult a professional agency, such as a trademark agency that specializes in trademark business, etc.
Article 4 of the "Trademark Law" stipulates that natural persons, legal persons or other organizations that need to obtain exclusive rights to trademarks for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for commodity trademark registration . If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it should apply to the Trademark Office for service trademark registration. Two or more natural persons, legal persons or other organizations may apply to the Trademark Office to register the same trademark at the same time, and jointly enjoy and exercise the exclusive right to the trademark.
1. Application for commodity trademarks and service trademarks
(1) According to the provisions of Article 4 of the "Trademark Law", the main body of domestic trademark registration applicants applying for commodity trademarks and service trademarks The qualification scope is: "natural persons, legal persons, other organizations".
(2) The conditions that must be met are:
Natural person - refers to an individual with the capacity for civil rights and capacity for civil conduct, including Chinese, foreigners and stateless persons ( Note: Allowing natural persons to apply for trademark registration is an important addition to the second revision of the Trademark Law. The third revision of the Trademark Law requires Chinese citizens to provide a copy of their ID card when applying for a trademark. A copy of the individual business license with the applicant as the person in charge is required).
Legal person - refers to an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and civil obligations in accordance with the law. At the same time, it must meet the following conditions stipulated in Article 37 of my country's "General Principles of Civil Law": ① Established in accordance with the law ; ② Have necessary property and funds; ③ Have its own name, organization and location; ④ Be able to bear civil liability independently.
Other organizations - refers to organizations that are legally established and have certain organizational structure and property, but do not have legal person qualifications, including: ① Private proprietorships and individual partnerships that are registered and obtained business licenses in accordance with the law; ② Partnerships and joint ventures registered in accordance with the law and receiving business licenses; ③ Sino-foreign joint ventures and foreign-funded enterprises registered in accordance with the law and receiving business licenses in my country; ④ Social groups registered and issued social group registration certificates with the approval of the civil affairs department; ⑤ Legal persons established in accordance with the law and issued business licenses ⑥ branches of the People's Bank of China and various professional banks in various places; ⑦ branches of the People's Insurance Company of China in various places; ⑧ township, street, and village-run enterprises that have been approved and registered to obtain business licenses; ⑨ comply with the law Other organizations stipulating conditions.
Other organizations have the following legal characteristics: first, they must be established in accordance with the law, that is, they must be established in accordance with the procedures and conditions stipulated in the law and recognized by law; second, they must have a certain organizational structure, that is, they must be able to ensure that the organization An institution with normal activities; 3. It must have certain property, that is, it must have property that can be controlled independently and is commensurate with its scale and the content and scope of its activities; 4. It does not have legal personality. For example: public institutions, government agencies, village committees, informal labor and employment organizations, industry associations, trade union organizations, religious organizations, etc.
Note: If applicants for trademark registration in Hong Kong, Macau, and Taiwan apply as local legal persons, natural persons, or other organizations, they shall be processed in the same manner as foreign applicants. Liaison offices and offices at home and abroad are not eligible as applicants.